If your first reaction to the Texas Court of Appeals (First District)’s decision in City of Houston v. The Commons of Lake Houston, Ltd., No. 01-21-00369-DV (Jan. 12, 2023) is scratching your head, then please come join us in bewilderment.
After all, the court held that a takings claim failed because the city
Today’s post is by our Pacific Legal Foundation colleague Kady Valois, writing about last week’s opinion by the Florida District Court of Appeal (Second District) in Lake Lincoln, LLC v. County of Manatee, No. 2D21-2826 (Jan. 13, 2023),
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Divide and Conquer (Or Not): Florida’s Test
For The Regulatory Takings Larger Parcel
by
We really want you there…
One (nearly) last reminder that there’s still time to register for your space at the 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, February 1-4, 2023, in Austin. In the past several years, we have sold out due to the conference room capacity and the conference hotel block.
When we first read the U.S. Court of Appeals’ opinion in PEM Entities, LLC v. County of Franklin, No. 21-1317 (Jan. 5, 2023), our reaction was one of skepticism. After all, at first blush, the court seemed to have concluded that in order to possess a property right protected by the Takings Clause, the
You know the “amortization” doctrine: when an existing legal use is declared illegal, the government can avoid a takings claim by slowly phasing out the use, supposedly to allow the owner to recoup investment. The doctrine is established in Maryland by Grant v. Mayor and City Council of Baltimore, 129 A.2d 363 (Md.
Here’s the latest from a case we’ve featured here before.
There’s something for everyone in the Florida District Court of Appeal (Second District)’s opinion in Jamieson v. Town of Fort Myers Beach, No. 2D21-2722 (Dec. 29, 2022).
Let’s start with the outcome: the court reversed the trial court’s summary judgment in a wetlands
This week is light for many of you, so instead of the deep and insightful analysis of recent decisions that we’re known for (ha), we instead recommend to you two podcasts to warm the chilly nights.
So fire up the hearth, strap on those earbuds, and listen away.
First up, what is quickly becoming a
Here’s another one from the Ninth Circuit, argued on what one advocate called “land use day at the Ninth Circuit” (except, unlike the other two cases argued that day, the decision in this one gets published).
In Gearing v. City of Half Moon Bay, No. 21-16688 (Dec. 8, 2022), the panel upheld
This story might be said to have had its roots millions of years ago.
It is about coal, after all. Anthracite coal, to be exact.
But that — and today’s date — should give you a clue that, as we teased in this post a mere 28 days ago (the Supreme Court worked hard
Here’s your must-read for today, the latest journal article from Michael Berger, “Theft, Extortion, and the Constitution: Land Use Practice Needs an Ethical Infusion,” 38 Touro L. Rev. 755 (2022).
Here’s the Abstract:
There are many ways in which property owners/developers interact with regulators. To the extent that texts and articles deal