All you preemption, agriculture, municipal and local government law junkies, take note: later today, a panel of the U.S. Court of Appeals will hear arguments in three cases, each of which is an appeal of the District Court’s seriatim invalidation of county ordinances which regulated GMO and pesticide use in Kauai, Maui, and Hawaii Counties
NC: “Map Act,” Which Designates Property For Future Highway Acquisition — And Prohibits Development In The Interim — Is A Taking
This just in: the North Carolina Supreme Court has issued an opinion in an important case we’ve been following for a long time, Kirby v. North Carolina Dep’t of Transportation.
This is the case about the “Map Act,” a statute which designates private property for future highway use, and “restricted plaintiffs’ fundamental rights to improve
Links From Today’s Oregon Eminent Domain Conference
A very good crowd for today’s Oregon Eminent Domain Conference in Portland.
Here are the links to the cases and other materials that we spoke about today in our session “Inverse Condemnation and Regulatory Takings – Issues and Trends.”
Our thanks to Planning Chairs Jill Geleneau and Paul Sundermier for putting together a great
W Va: Condemnee Acting Badly Isn’t Reason Enough For Summary Judgment
We won’t go into the West Virginia Supreme Court of Appeals’ opinion in Gomez v. Kanawha County Comm’n, No. 15-0342 (June 3, 2016) — it’s well-written and easily digested (all citations are in footnotes) — but point out these highlights:
- The condemnation took Gomez’ property for use as a dump site for debris from construction
“Common Sense Must Prevail” – Agency Won’t Remove TMT Hearing Officer
Despite all of the parties in the case calling for the removal of the hearing officer selected by the Board of Land and Natural Resources to conduct the contested case after remand by the Hawaii Supreme Court as we noted just a couple of days ago, the Board has — somewhat surprisingly — refused
Seminar Reminder: Oregon Eminent Domain; Sharing Economy Issues
As we head into the weekend, one more reminder about two worthwhile eventss being staged next week:
- Monday, June 6, 2016: “Airbnb & Zoning: A Planner & Lawyer’s Guide to Short-Term Rentals,” with our ABA and Owners’ Counsel colleague Dwight Merriam, FAICP. From the Planning and Law Division of the American Planning
The Latest On The Thirty Meter Telescope Case: Everyone Wants The Hearing Officer Removed
Hawaii News Now – KGMB and KHNL
Hawaii News Now came calling yesterday, looking for commentary about the latest in the case challenging the proposed Thirty Meter Telescope on the Big Island’s Mauna Kea. We obliged.
As you know, we’ve been following the case. It’s already been up to the Hawaii Supreme Court, which
Tex App: How To State A Penn Central Regulatory Takings Claim
The plaintiffs in FLCT, Ltd. v. City of Frisco, No. 02-14-00335-CV (May 26, 2016), owned two adjoining parcels in the Dallas-Ft Worth area at the southeast corner what could be a very busy (and therefore profitable) intersection of two parkways. After checking with the city that the restriction in the Commercial zoning which prohibited
Docfilm “Exodus” – The Stories Of Those Being Displaced By Eminent Domain
Another neighborhood gone, more lives scattered by eminent domain. Watch or listen.
More on the film and the background of the situation in St. Louis here.
Fighting Eminent Domain, Texas Style: Form Your Own Utility District, Plead Immunity
The issue determined by the Texas Supreme Court in In re Lazy W District No. 1, No. 15-0117 (May 27, 2016), was whether — in a case where one governmental entity is trying to condemn another governmental entity’s property — the trial court must resolve the power to take issue before or after the