An interesting decision from the Kansas federal district court, Mount St. Scholastica, Inc. v. City of Atchison, No. 06-2208-CM (Mar. 12, 2007), contains a land use trifecta: historic preservation, religious objections to a denial of a permit, and regulatory takings. (No link yet to opinion, which currently is only available via Westlaw; email me
eminent domain
▪ Eminent Domain Abuse and Retaliation
By Robert H. Thomas on
Posted in Property rights, Regulatory takings
Steven Greenhut’s opinion piece at the Orange County Register, “The powerless have always been targets of eminent domain,” makes some good points about eminent domain abuse, and the recently-argued Wilkie case (regarding the right to be free from government retailition for defending a Fifth Amendment right), and is worth reading:
“Cities use code…