It was on this day in 1928 when the U.S. Supreme Court issued its second most famous decision about zoning, Nectow v. City of Cambridge., 277 U.S. 183 (1928).
We say “second” because everyone knows that the first is the Court’s decision issued just two years earlier which generally upheld comprehensive use, height, and
Here’s the latest in a case we’ve been following.
In Romero v. Shih, the California Supreme Court recognized the doctrine of an “implied exclusive easement” (which sounds an awful lot like a fee simple interest, doesn’t it?) in a private easement disputed between Owner A and Owner B.
The owner on the losing
Lawprof Lee Anne Fennell, whose work makes frequent appearances here (see here, here, and here for example), has been selected as this year’s recipient of William and Mary Law School’s Brigham-Kanner Property Rights Prize. See this announcement for details.
“Lee Fennell is one of the most thoughtful and thought-provoking scholars
This one isn’t so much a property or property rights opinion, but more “property adjacent” as they say.
Even so, we’re not going to comment much about the Massachusetts Appellate Court’s opinion in Lyman v. Lanser, No. 23-P-73 (Mar. 7, 2024), and not just because it seems faintly ridiculous.
The entire court vacated a
If you ever wanted a primer on the sometimes-confusing and seemingly arcane world of Rails-to-Trails takings cases, you would be hard-pressed to find a better example of the substantive law and the procedures in these cases than the Court of Federal Claims opinion in Nicholson v. United States , No. 23-843 (Mar. 13, 2024).
There’s
Here’s one we’ve been meaning to post for a while, the Ontario (Canada) Land Tribunal’s opinion in 13538 Ontario Inc. v. City of Stratford, No. OLF-22-002455 (Jan. 11, 2024), where the court resolved a dispute between the parties in an expropriation (eminent domain) case over which owed the other costs.
Now that isn’t our
Check out Texas State Library and Archives Comm’n v. Westmoreland, No. 03-22-00276 (Mar. 22, 2024), where the Texas Court of Appeals (Third District) rejected a claims of a putative owner of a letter that the State of Texas asserting that it owns the letter would be a taking.
Westmoreland possesses a historic letter, and
Check out the North Carolina Court of Appeals opinion in North Carolina Bar and Tavern Ass’n v. Cooper, No. COA22-725 (Apr. 16, 2024).
We’re not going to go into great detail, mostly because this one tracks the most common judicial approach to takings challenges to business shut-down orders during the Co-19 period. The court
This is one we’ve been meaning to post for a while, but something else always seemed to intervene.
In BMG Monroe I, LLC v. Village of Monroe, No. 22-1047 (Feb. 16, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a statutory and constitutional challenge to the Village’s .
There are some rewards for working late in the 808
Yesterday was the last day of instruction for the Spring 2024 semester at the University of Hawaii Law School. Did these last few months ever go by fast.
A big thank you to Professor Mark M. Murakami, with whom I guest-lectured at the Old