Super Takings (or Due Process) Nerd alert: what should-be-famous-but-isn’t SCOTUS case involved what is now this property?
Extra credit: why is the case important?
Location clues are all in photo.
Answer and more details is a subsequent post.
ABA State And Local Govt Law Section – 2017-18 Chair’s Report: The Year of Living Creatively
My year as the Chair of the ABA’s Section of State and Local Government Law is coming to a close. I’m in Chicago this week at the Annual Meeting, ready to hand over the gavel to my colleague, friend, and successor, Ron Kramer. Below is my 2017-18 report on the Section’s highs and lows
Federal Govt: Reject Williamson County! Property Owners Whose Property Is Taken By Local Governments Should Be Able To Enforce Fifth Amendment Rights In A Federal Forum
We already knew from its amicus brief brief that the federal government supported the property owner in Knick v. Township of Scott, No. 17-647, the case in which the US. Supreme Court agreed to review the continuing validity of the “state procedures” rule of Williamson County Regional Planning Comm’n v. Hamilton Bank, 473
Looks Like I Picked The Wrong Week To Start Reading This Book
Fourth Circuit: Challenge To Natural Gas Act Delegation Of Eminent Domain Power Must Go Through Admin Process First
Here’s the opinion in a case we’ve been following. In Berkley v. Mountain Valley Pipeline, LLC, No. 18-1042 (July 25, 2018), the U.S. Court of Appeals for the Fourth Circuit held that the federal Natural Gas Act allows the Federal Energy Regulatory Commission to delegate eminent domain authority to Mountain Valley, and that any challenges
When An Agency Is Given Emergency Powers, Pretty Soon Everything Looks Like An “Emergency”
Stewart Yerton (a reporter who is also a lawyer) today published this report (“This Murky Law Could Give The Governor Broad New Powers“) in Honolulu Civil Beat about a new Hawaii statute that gives administrative agencies the power to adopt emergency rules to respond to court rulings.
Is the statute innocuous, merely a
No New Trial In Hawaii Regulatory Takings Case; Next Stop, Ninth Circuit
Here’s the latest in a case we’ve been following, a regulatory takings dispute from the Big Island of Hawaii.
Last we reported, the jury (after deliberating for a grand total of 15 minutes) held the State of Hawaii Land Use Commission liable for a regulatory taking. But unbeknownst to the jurors, the court
Tuesday Reading List – Flood Takings, Cuba Property, Beach Access, And … Space Aliens
Here’s what we are reading (or listening to) this Tuesday:
- Richard Epstein’s podcast on “Is it a Taking When the Government Floods Your House?” (Federalist Society)
- Teaching takings: Professor Stephen R. Miller on Contemporary Issues in Teaching Land Use: Question 8: Hot Topics in Takings (lawprof blawg)
- “Communist-run Cuba to recognize private
What Might A Justice Kavanaugh Mean For Takings, Land Use, And Other Issues?
Clare Trapasso has a Realtor.com piece on what a Justice Kavanaugh could mean for real estate, property, and land use issues, “What Supreme Court Nominee Brett Kavanaugh Could Mean for Real Estate,” where she correctly notes that “while commentators have been scrutinizing Kavanaugh’s record on hot-button topics like abortion and immigration, there’s been
Vermont: Sewage Backup Wasn’t Permanent, Therefore No Taking
The City’s sewage pipe backed up into several residences. The City has known for decades that these pipes were “cracked, structurally unsound, and that they had significant root intrusion.” The City took measures, but apparently these were not enough, and after “an extremely intense rain and hail storm,” three million gallons of wastewater overflowed into