When we last visited Sheetz v. El Dorado County, we finished with “stay tuned” because we suspected that the California Court of Appeal’s opinion concluding that the County’s traffic mitigation fee is immune from Nollan/Dolan nexus-and-rough-proportionality review because the legislature imposed the fee on everyone (and Sheetz was not subject to paying it because
Condemnation 101: Preparing & Presenting an Eminent Domain Case Webcast (May 18, 2023)
Missed out on the 2023 ALI-CLE Eminent Domain and Land Valuation Litigation Conference back in February in Austin, and the legendary “Condemnation 101” track?
Well, here’s your chance to get the knowledge. On May 18, 2023, ALI-CLE is going live with a rebroadcast of that program, including real-time Q & A
CA6: Legislative Conditions Are Subject To Nexus-And-Proportionality Requirements
A good opinion from the U.S. Court of Appeals for the Sixth Circuit in Knight v. Metro. Gov’t of Nashville, No. 21-6179 (May 10, 2023), holding that conditions imposed on every development — and not just ad hoc administratively-imposed conditions — must conform to the Nollan-Dolan-Koontz close nexus and rough proportionality standards.
You takings
New (Michael Berger) Cert Petition: Knick “Changed the world of takings litigation” And Applies Retroactively – And Statutes Of Limitations Are Affirmative Defenses
Here’s a new cert petition, filed this week by Michael Berger that asks whether Knick‘s no-need-to-exhaust-or-chase-state-compensation rule applies retroactively.
The Second Circuit held that no, the owner’s claims were too late, and although Knick overruled the Williamson County rule that kept him from a timely filing in federal court, that’s just too
New L Rev Article: “Property and the Right to Enter” (Bethany Berger)
Here’s an article for your Monday reading, Bethany R. Berger, Property and the Right to Enter, 80 Wash. & Lee L. Rev. 71 (2023).
Here’s the abstract:
On June 23, 2021, the Supreme Court decided Cedar Point Nursery v. Hassid, holding that laws that authorize entry to land are takings without regard to
This Just In – Florida Appeals Court: TDRs, Beekeeping, And Camping Are Not Economically-Beneficial Uses, So Downzoning Is A Lucas Taking
Shands Key, with the City of Marathon in the background
This just in: in Shands v. City of Marathon, No. 3D21-1987 (May 3, 2023), Florida’s Third District Court of Appeals held that the city’s downzoning the property (Shands Key, shown above in an exhibit from the Key West trial we participated in in June
New L Rev Article: “Property against Legality: Takings after Cedar Point (Huq)
Check this out, a recently-published article in the Virginia Law Review, Aziz Z. Huq, “Property against Legality: Takings after Cedar Point,” 109 Va. L. Rev. 233 (Apr. 10, 2023).
Here’s the abstract:
In the American constitutional tradition, a zealous judicial defense of property is closely aligned with the idea of “the rule
New Cert Petition: Is Barring You From Accessing Your Own Property A Categorical Taking?
Here’s the cert petition in a case we’ve been following.
This is the one where a North Carolina county went bonkers in the early days of Co-19, and truly “locked down” by banning nonresident property owners from entering the county. This wasn’t done all at once, but in phases, with nonresident property owners being
SCOTUS GVR’s Pipeline Cert Petition On Delegation Of Eminent Domain To Private Parties
In this Order, the Supreme Court granted this cert petition which presents these questions:
Whether a facial challenge to Congress’s delegation of eminent domain power to private parties is properly filed in district court, as this Court held in PennEast Pipeline Co. v. New Jersey, 141 S. Ct. 2244 (2021), or with FERC
No Class: CA6 Rejects Class Certification For Home Equity Theft Takings Case
We’re not going to dwell too much on the U.S. Court of Appeals’ opinion in Fox v. Saginaw County, No. 22-1265 (Apr. 28, 2023), because even though it is a case involving the “home equity theft” takings issue argued at the Supreme Court last week, this one tells us more about civil procedure