No, not that Sgt Pepper taught the band to play (that was 20 years ago).
On Tuesday, December 4, 1979, the U.S. Supreme Court issued its landmark decision in Kaiser Aetna v. United States, 444 U.S. 164 (1979). My Damon Key colleagues Charlie Bocken and Diane Hastert briefed [...]
Read this opinion: Kaur v. New York State Urban Dev. Corp., 2009 NY Slip Op 08976 (Dec. 3, 2009).
The New York Supreme Court, Appellate Division (First Department) struck down the attempted taking of land north of Columbia University in New York City because of the record reflected overwhelming private [...]
Here's a collection of some of the commentary about yesterday's oral arguments in Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). The transcript is available here.
Our commentary was broken into three parts. The first covered the arguments of [...]We're continuing our summary of today's oral arguments in Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). The transcript is available here.
The property owners' argument summary is posted here, and the State's argument is here.
Disclosure: we filed [...]
We're continuing our summary of the oral arguments in Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009), the case in which the Court is considering the theory of "judicial takings" and whether state courts are constrained by the Fifth Amendment if they [...]
Today, the U.S. Supreme Court heard oral argument in Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009), the case in which the Court is considering the theory of "judicial takings" and whether state courts are constrained by the Fifth Amendment if they [...]
On Wednesday, December 2, 2009, the U.S. Supreme Court will hear oral arguments in the biggest takings case of the year, Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). This is the case in which the Court is considering [...]
The Cato Institute's Ilya Shapiro discusses Stop the Beachfront Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009), the case being argued in the U.S. Supreme Court on Wednesday.
We will post a preview of the arguments, but in the meantime, [...]
Remember Phil Hartman's classic Saturday Night Live routine, "Unfrozen Caveman Lawyer" --
One hundred thousand years ago, a caveman was out hunting on the frozen wastes when he slipped and fell into a crevasse. In 1988, he was discovered by some scientists and thawed out. He [...]
While we're formulating our thoughts on the NY Court of Appeals' decision in Goldstein v. New York State Urban Development Corp., No. 178 (Nov. 24, 2009), here are media reports and others' thoughts on the case:
The blog at the epicenter of the case, the Atlantic Yards Report has a [...]Thanks to the New York Zoning and Municipal Law Blog for pointing out last week's decision by the New York Court of Appeals in Hargett v. Town of Ticonderoga, 2009 NY Slip Op 08478 (Nov. 19, 2009).
Under New York's eminent domain law, the condemning authority is liable to [...]
Things we were reviewing today:
Check out the just-launched Hawaii Civil Procedure blog. It's a welcome addition to the blogroll for Hawaii civil practitioners. My colleague Mark Murakami has set up a resource page for all things about the McDonald v. City of Chicago case. That's the appeal currently being [...]Another very interesting conference call today, focusing on the upcoming arguments in the Stop the Beach Renourishment case, the New York Court of Appeals' decision in Aspen Creek, and the New Jersey Supreme Court's decision to review Klumpp v. Borough of Avalon. Here are the links to some of the cases and [...]
Just a reminder: tomorrow (Wednesday, November 18, 2009), from 2:00 - 3:00 p.m. (Eastern Standard Time), we will be holding the next "recent developments" conference call for members of the Condemnation Law Committee (ABA Section of State & Local Government Law). It's free, but open only to Section members and guests.
Members should [...]
Here's the Reply Brief filed last month by the property owner in Leone v. County of Maui, No.29696,an appeal in the Hawaii Intermediate Court of Appeals which is considering, among other issues, the question of when a regulatory takings claim is ripe for review under Williamson County Regional Planning Comm'n v. Hamilton [...]
Today, we filed the Reply Brief in DeJetley v. Kahoohalahala, No. 29929, the appeal now pending in the Hawaii Supreme Court regarding the Lanai member of the Maui Council who is alleged to not be a resident of Lanai as required by the county charter.
Section 3-3 of the [...]
According to this order dated November 19, 2009, the New Jersey Supreme Court has granted the property owners' petition (available here), and will review the unpublished decision by the Appellate Division in Klumpp v. Borough of Avalon, No. A-2963-07 (per curiam).
This is the decision the New Jersey [...]
Here's what we've been reading today:
A Turning Point for Eminent Domain? - The NY Times "Room for Debate" forum posts the thoughts of six property law experts on the meaning of Pfizer's decision to close its research headquarters in New London, Connecticut. New London, of course, was the epicenter [...]Today, my Damon Key colleagues Ken Kupchak, Mark Murakami, Matt Evans and I filed the Opening Brief in the latest phase of County of Hawaii v. C&J Coupe Family Ltd. P'ship, two condemnation cases arising out of the County of Hawaii's attempts to take a Kona [...]
In July 2009, the Florida Supreme Court issued an opinion in System Components Corp. v. Florida Dep't of Transportation, No. SC08-1507, which resolved resolved a conflict in the lower Florida courts regarding the application of business damages in a condemnation case under Florida Statutes § 73.071(3)(b). The court held that a business [...]
The property owners have filed their Reply Brief in Stop the Beachfront Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009), the case about "judicial takings" and the rights of littoral owners to accretion.
Here's the Answering Brief filed by a Maui Councilmember in the case in which Lanai residents and voters assert he forfeited the Lanai seat on the Maui County Council under section 3-3 of the Maui Charter since he is not a resident of Lanai.
Section 3-3 of the Charter provides [...]
The Hawaii Supreme Court and Intermediate Court of Appeals will be hearing two appeals of note:
Tuesday, November 10, 2009, 9:00 a.m. - Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. 28175 (HAWICA). The issue is whether the state, or littoral landowners, are entitled to ownership of certain accreted lands. [...]Mark your calendars for Wednesday, November 18, 2009, from 2:00 - 3:00 p.m. (Eastern Standard Time). That's when we will be having the next "recent developments" conference call for members of the Condemnation Law Committee (ABA Section of State & Local Government Law). It's free, but open only to [...]
On October 16, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Rumber v. District of Columbia, No. 09-7035, the appeal challenging an attempt to take a shopping center by the District of Columbia and the National Capital Revitalization Corporation. We previewed the arguments and posted the briefs [...]
Here are the latest blogs we've added to our list:
California Eminent Domain Report - A fairly new, and very active blog from the Nossaman firm's Eminent Domain and Valuation Group.Remember the "ceded lands" case? The one where the U.S. Supreme Court held 9-0 that the U.S. had absolute fee simple title to the ceded lands, and that the Apology Resolution was hortatory fluff? See Hawaii v. Office of Hawaiian Affairs, 129 S. Ct. 1436 (2009). We were all [...]
Here are some recently-released opinions; none so earth-shattering that they merit their own post, but definitely worth reading:
People ex rel. Dep't of Transportation v. Acosta, No. C059064 (Cal. Ct. App. Oct. 26, 2009) - In an eminent domain case, the California Court of Appeals, Third District concludes that a [...]Each summer, The Urban Lawyer (the ABA's Section of State and Local Government Law's peer-reviewed law review), devotes an issue to recent developments in various areas of law. A subscription to the journal, which is published each quarter, is among the benefits of section membership. The just-published Summer [...]
More about Klumpp v. Borough of Avalon, the decision from New Jersey's Appellate Division which held that the government can assert inverse condemnation in order to take property without compensation.
In Avalon stole land, appeal to New Jersey high court claims, the Atlantic City paper reports on the case:
A [...]
Here are a couple of reports about yesterday's decision by the Hawaii Supreme Court in Dupree v. Hiraga, No. 29646 (Oct. 20, 2009):
The court held that in order to establish residency [...]
In an order issued yesterday, the U.S. Supreme Court granted the SG's motion for leave to participate in oral argument as amicus curiae and for divided argument in Stop the Beachfront Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). The federal [...]
Update: In this order, the Court declined to review the case.
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On Monday, October 19, 2009, the Supreme Court is scheduled to consider whether to review the Alaska Supreme Court's decision in Reust v. Alaska Petroleum Contractors, Inc., 206 P.3d 437 (Alaska, Apr. 10, 2009).
The case is listed [...]
On Thursday, December 17, 2009 at 9:00 a.m., the Hawaii Supreme Court is scheduled to hear oral arguments in Unite Here! Local 5 v. City and County of Honolulu, the case in which the Intermediate Court of Appeals held that unless the project changes, a supplemental EIS is not required under the [...]
Yesterday, the New York Court of Appeals heard oral arguments in the latest case involving the controversial Atlantic Yards project in Brooklyn. We blogged the arguments as we followed along on the live video feed (video archived here).
According to the court's web site, "[t]he Court normally decides [...]
Missed the live blog and video of the oral arguments in Goldstein v. New York State Urban Development Corp., the latest case involving the controversial Atlantic [...]
Today, the Hawaii Supreme Court agreed to review Unite Here! Local 5 v. City and County of Honolulu, 120 Haw. 457, 209 P.3d 1271 (Haw. Ct. App. 2008), in which the Intermediate Court of Appeals held that unless the project changes, a supplemental EIS is not required under the [...]
On Wednesday October 14, we followed the arguments in Goldstein v. New York State Urban Development Corp., the latest case involving the controversial Brooklyn Yards development and Kelo-like claims of eminent domain abuse in an economic development taking.
Joining in the commentary were Pacific Legal Foundation attorney and property rights scholar [...]
It appears that the New York Court of Appeals live streams oral arguments, so tomorrow, for the second day in a row, we'll go live with real-time blogging of an important and fascinating case (today we're blogging oral arguments in the Hawaii Supreme Court on a land use [...]
Our live blog of the Hawaii Supreme Court oral arguments in County of Hawaii v. Ala Loop Homeowners, No. 27707 (cert. granted Sep. 2, 2009).
The mp3 recording of the argument is posted here.
More details on the case below the window.
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The court [...]
The County of Maui has filed its Answering Brief in Leone v. County of Maui, No. 29696, an appeal in the Hawaii Intermediate Court of Appeals which is considering, among other issues, the question of when a regulatory takings claim is ripe for review under Williamson County Regional Planning Comm'n v. Hamilton [...]
Beginning at 2pm EST on Wednesday, October 14 (thanks, noLandGrab) the New York Court of Appeals will hear oral arguments in Goldstein v. New York State Urban Development Corp., the latest case involving the controversial Brooklyn Yards development and Kelo-like claims of eminent domain abuse in an economic development [...]
Robert Thomas (inversecondemnation.com)
