Check this out, a recent case on the Uniform Relocation Act from the Ohio Supreme Court. Does it conflict with a decision that goes the other way from the West Virginia Supreme Court, or is it consistent with a South Dakota decision (cert. denied in that one, by the way)? Read on and find
Certworthiness Alert: 2-1 CA9 En Banc Denial (And 9 Judge Dissental) – Is A Takings Claim Forever Unripe Because The Owner In The Past Didn’t Jump Through All Administrative Hoops?
Here’s the latest in a case we’ve been following. In this Order, the Ninth Circuit denied rehearing and rehearing en banc of the 2-1 panel decision in Pakdel v. City & County of San Francisco, No. 17-17504 (9th Cir. Mar. 17, 2020).
Earlier, the panel concluded that a regulatory takings case was
Randy Smith: “Nailing Down Knick and Governmental Takings in Louisiana”
Check this out, a quick read from our New Orleans colleague Randy Smith, his article from the current edition of the Louisiana Bar Journal, “Nailing Down Knick and Governmental Takings in Louisiana.“
Therein, he tells the story (inter alia) of Violet Dock Port (see here and here for two
“Fidelity to the law means going where it leads, and sometimes it leads to the conclusion that a law is unconstitutional.” What Might A “Justice Barrett” Portend For Property Cases?
We have looked through the entire judicial and scholarly oeuvre of SCOTUS nominee Judge Amy Barrett, who today is continuing to run the gauntlet of the Senate Judiciary Committee. Naturally, our scanners were searching for any of her decisions or writings that might give us some clue how a “Justice Barrett” might treat takings and
In Which We Return To The Pendulum Land Podcast To Talk “Snakes on a Plane,” Eminent Domain Songs, And What Might Be Virginia’s First True Regulatory Takings Case
In between talking about eminent domain-y songs, the goofy cult film “Snakes on a Plane” (yes, we really do have a cast-signed poster of that film in our office), and other fun stuff, we returned to the Pendulum Land Podcast for part II of our guest spot, where we also discussed Virginia
NM App: No Property In Impact Fee Gift Card
You know those times you go to the store and try to get a refund on something you’ve purchased, and instead of cash back, you get a gift card, only useable at the same store? Or when, instead of refunding your plane ticket, the airline gives you some limited-time credit for a future flight?
Wisconsin Supreme Court Oral Argument: Can Condemnor Omit Severance From The “Full Narrative Appraisal” Required For The Jurisdictional Offer?
Here’s the recording of this morning’s oral arguments in an important eminent domain case being considered by the Wisconsin Supreme Court. (We had some trouble with the stream, so if the above video doesn’t work, try this link instead.)
This is a case we’ve been following (court of appeals’ opinion in
Michigan SCT: Without Legislature’s Assent, Governor’s Emergency Powers Terminate At 28 Days
This just in in a case we’ve been following. In In re Certified Questions, No. 161492 (Oct. 2, 2020), the Michigan Supreme Court responded to the federal court’s certified question about whether, under Michigan’s statutes, the governor has the authority to effectively extend a declared state of emergency by terminating an expiring declaration
Your 2020 Brigham-Kanner Property Rights Conference Bingo Card
Ninth Circuit, Over Dissent, Denies Injunction For Church COVID Restrictions
This one doesn’t involve a takings claim, but since we’re tracking the cases involving coronavirus-related shut down orders and restrictions, we thought we would post this here too.
In Harvest Rock Church, Inc. v. Newsom, No. 20-55907 (Oct. 1, 2020), a panel of the Ninth Circuit rejected a church’s request for an injunction