We've been tied up with some filings, and have not been able to get to our promised review of the Ninth Circuit's recent decision in Horne v. United States. We will do so once we put one more brief to bed, but until then, our colleagues in the Regulatory Takings Bar have published some thoughts:
- The Horne Case Down the Tubes Again - Professor Gideon Kanner weighs in: "We are reminded of the insight of Fred Bosselman who once observed that property owners in inverse condemnation cases are denied due process of law, not by getting too little of it, but rather too much."
- The Grapes of Wrath Part II - A Return to Horne - Ben Rubin at the California Eminent Domain Report writes: "The Ninth Circuit found that as the Marketing Order operated against personal, rather than real, property, and because the Hornes conceded that they did not lose all economically beneficial use of their property, the best analytical framework was the "nexus" and "rough proportionality" standard set forth in Nollan v. California Coastal Commission, supra, 483 U.S. 825 and Dolan v. City of Tigard, supra, 512 U.S. 374."
- Farmer loses latest round over raisin marketing order - from Capital Press - "The ruling is an 'abortion' and Horne plans to appeal to the U.S. Supreme Court or ask a broader panel of 9th Circuit judges to reconsider, said Brian Leighton, his attorney.'It’s just bizarre,' Leighton said of the opinion." [Looks like we're headed back to the Supremes].
- Heard through the grapevine: Ninth Circuit holds Koontz allows government price controls - Jonathan Wood at Pacific Legal Foundation's Liberty Blog: "You can disagree over how many of those effects are any of the government’s business. But, in the raisin case, the government’s justification for placing conditions on a persons right to earn a living producing and selling raisins is simply that it wants to control who enters the profession and how much they earn. That really makes clear the government and the courts’ disdain for economic liberty, doesn’t it?"
More to come, so stay tuned.
