If you are in the California Southland (or plan to be in the next week), please be sure to reserve on your calendar Tuesday, August 13, 2024, to join us in-person for the launch of our colleague Jim Burling‘s forthcoming book, “Nowhere to Live: The Hidden Story of America’s Housing Crisis.”
Here’s an article worth reading, just posted to SSRN, Procaccini, The End of Means-End Scrutiny (July 29, 2024).
For your takings and individual liberty nerds, please focus on pages 36-38 (showing how takings analysis is not accomplished by the usual means-ends scrutiny), pages 40-42 (social and economic liberties), and pages 43-44 (searches and seizure).
Why
Just a few posts ago, we put up the Louisiana Supreme Court’s opinion in a case where property owners obtained a final inverse condemnation judgment ordering the New Orleans Sewer Board to pay just compensation.
Then…crickets. The sewer board did not satisfy the judgment. It relied on a provision in the Louisiana Constitution
Check out City of Kemah v. Crow, No. 01-23-00417-CV (July 25, 2024), from the Texas Court of Appeal (First District).
This is yet another takings ripeness case — here, the so-called “final decision” requirement — the second recent opinion on this issue from the Texas court. See “Final Decision Takings Ripeness Is Based
On the surface, the U.S. Court of Appeals for the Ninth Circuit’s opinion in Stavrianoudakis v. U.S. Fish & Wildlife Svc., No. 22-16788 (July 25, 2024) is about Article III standing (a highly technical gateway issue that is very federal courts wonky).
But taking a deeper look offers an insight into ways other
You all have likely seen ’em, those “We Buy Houses Any Condition” billboards letting the world know that no matter what condition it might be in, there’s an outfit that says it is willing to buy your house.
Well, that outfit ran into the one other outfit that is willing to buy your house
We suggest those of you interested in takings ripeness — here, the so-called “final decision” requirement — take a quick gander at the Texas Court of Appeals’ opinion in City of Buda v. N.M. Edificios, LLC, No. 07-23-00427-CV (July 2, 2024).
We won’t go into the details, except to say that a property
The site of the Erie incident, just a mile away from Mahon’s home.
Here’s an unusual, and kind of interesting one, from a U.S. District Court (Hawaii) in an eminent domain case brought by the County of Maui against the owner of Maui property which is needed for a solid waste disposal site
A fairly short one from the North Carolina Court of Appeals, but well worth your time to read.
Mata v. N.C. Dep’t of Transportation, No. COA23-1140-1 (July 16, 2024) is the latest in the “Map Act” takings cases that we have long covered. There, N.C. legislature adopted a statute that identified future highway corridors
Check out this decision, entered by a Rhode Island Superior Court (a general jurisdiction trial court) denying the State’s motion for summary judgment. The court concluded that a recently-adopted statute shifting the boundary between public and private property on RI’s beaches is a taking.
We won’t be commenting in too much detail because this