Well, the hammer finally dropped and the Supreme Court today issued its opinion in Koontz v. St Johns River Water Management District, No. 11-1447 (June 25, 2013). The opinion comes out on the next-to-last day of the Term presumably because — unlike the earlier two takings cases — Koontz was not unanimous, but was
SCOTUS On Exactions: Nollan/Dolan Apply
Today, the Supreme Court issued its opinion in Koontz v. St Johns River Water Mgmt District, No. 11-1447 (cert. granted Oct. 5, 2012), holding that the nexus and proportionality standards apply to government demands for money as well as land, and that a property owner need not accept the permit in order to challenge
Waiting For Koontz
Mostly mising from all the anticipation over the Supreme Court’s “blockbuster” cases on same sex marriage, voting rights, and affirmative action, is the Court’s third takings decision of the term, Koontz v. St. Johns River Water Management District. Professor Ilya Somin primes the pump in this post, “Still Waiting for the Koontz Decision
Upcoming ALI-CLE Conference: Land Use Institute – Planning, Regulation, Litigation, Eminent Domain, and Compensation
Mark your calendars: On August 14-16, 2013, ALI-CLE is putting on the annual Land Use Institute. It’s in San Francisco, which is very convenient for those who may be attending the ABA Annual Meeting the week earlier. A good excuse to stay longer.
The Land Use Institute, now in its 29th year, is designed
Cal App Tackles Pretext … But Not Eminent Domain Pretext
This is a long one from the California Court of Appeal, Fourth District (58 pages, with an 11-page dissent), so we’re not going to go into detail. But if a local government’s conflict with an all-powerful state agency, shoreline and coastal law, or how the concept of governmental “pretext” is treated in areas outside of
Upcoming ABA CLE: “Supreme Court Takings – A First Look At Koontz And Horne”
Mark your calendars for July 12, 2013 for our CLE teleconference on “Supreme Court Takings: A First Look at Koontz and Horne,” sponsored by the ABA’s State and Local Government Law Section. We’ll start at 1:00 pm ET (Noon CT, 11:00 am MT, 10:00 am PT, 7:00 am HT). Here’s the program
Predicting The Koontz Case: Six Possible Outcomes
Hat tip to ABA State and Local Government Law colleague (and fellow U.H. Law School alum) Julie Tappendorf for the lead on a newly-published article: John M. Baker and Katherine M. Swenson, Koontz v. St. Johns River Water Management District: Trudging Through a Florida Wetland with Nine U.S. Supreme Court Justices, in the latest
Eminent Domain And Condemnation Law Conference (Honolulu, Aug. 21, 2013)
Mark your calendars: on August 21, 2013, The Seminar Group is putting on the 2d Annual Eminent Domain and Condemnation Law Conference, in Honolulu (Hilton Waikiki Beach). Our Damon Key partner Mark M. Murakami is the Planning Chair, and the rest of the faculty is pretty good, too.
We’ll be speaking at two of the
Materials From Today’s Virginia Eminent Domain Conference
For those of you attending the Virginia Eminent Domain Conference, here’s the expanded papers on “Tough Takings Questions: Regulatory Takings, Zoning Issues and Judicial Takings” and Public Use issues.
Use the password provided at the conference to open the pdf’s. It’s the same p/w for both. If you forgot the password, email me.
For those who did not attend, sorry folks, there are some benefits to coming to a conference! Y’all are going to have to wait for a bit — after a decent interval to allow the attendees to get their money’s worth, we’ll remove the password.
For more about the cases and books we discussed yesterday during my presentation on “Virginia’s Place in National Eminent Domain Trends, check these out:
- Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984) (private takings, Public Use Clause).
- Lingle v. Chevron, U.S.A., Inc., 544 U.S. 528 (2005) (gas station rent control, and the demise of the “substantially advance” test as a takings test).
- Kaiser Aetna v. United States, 444 U.S. 164 (1979) (navigable waters, regulatory takings).
- Livingston v. Virginia Dep’t of Transportation, 726 S.E.2d 264 (Va. 2012) (flooding and taking liability).
- James Ely, The Guardian of Every Other Right: A Constitutional History of Property Rights (1998) (read this book!).
Continue Reading Materials From Today’s Virginia Eminent Domain Conference
Fla Fed Ct: Exaction Scheme Is “Constitutional Mischief” To Avoid “Nettlesome Payment of ‘Just Compensation'”
Here’s one to brighten your day, courtesy of the the U.S. District Court for the Middle District of Flordia (that’s Tampa, to all you non-Floridians). In Hillcrest Property, LLP v. Pasco County, No. 8:10-cv-819-T-23TBM (Apr. 12, 2013), the court held the county’s “Right of Way Preservation Ordinance” that allows it to land