Striking the balance between saving costs and keeping common expenses stable and ensuring a condo corporation is adequately maintained is a difficult task for boards and managers.
For instance, sometimes delaying an important reserve fund project or failing to address
Property Law
Sheetz pt. I – "Radical Agreement" At SCOTUS: "Your Money Or Your Rights" Isn't OK Just Because A Legislature Does It
Guess where we stopped for coffee this morning?
(A reminder: this case has nothing to do
with the convenience store.)
Does the government have the unfettered ability to demand “the goodies” (as one municipality’s chief land use planner famously…
Sheetz Round-Up
Here’s what folks are saying about yesterday’s unanimous U.S. Supreme Court decision in Sheetz v. County of El Dorado, where the Court held that impact fees and exactions imposed by legislative action are not categorically immune from the close…
Unanimous SCOTUS Delivers A YIMBY Blow: "The Takings Clause does not distinguish between legislative and administrative permit conditions."
This just in: the U.S. Supreme Court has issued a unanimous opinion in Sheetz v. County of El Dorado, a case we’ve been following (not only because it is one of ours).
The Court, as predicted, held that an…
Pay To Play? Cal SCT Asked If Challenger Must First Pay A Fee To Object To Zero Water Allocation As A Taking
This one takes a bit of sifting through, but if you do so, you will eventually savor the arguments. Try and follow this thread.
In 2014, pistachio growers with what seemed to be established rights to pump groundwater for irrigation…
Cal SCT: A Court Deciding Who Wins An Easement Dispute Isn't A Judicial Taking
A short one from the California Supreme Court. In Romero v. Shih, No. S275023 (Feb. 1, 2024), the court was presented with the question of whether Property Owner A had an implied easement over the driveway of Property Owner…
Thinking Outside The Box: Happy Birthday To The Guy Who Coined "Eminent Domain," Hugo Grotius
Hugo Grotius, aka Hugo de Groot,
born this day 441 years ago, April 10, 1583.
Author of the treatise “De Jure Belli et Pacis” (1625) — perhaps fittingly books about war and peace — which first used…
Commit To Submit: Call For Papers "Imagining the Future of Regulatory Takings"
Condo Forced-Sale Statute Is Not A Taking Because It Does Not Allow Picking Off Individual Units, But Requires Sale Of Entire Condo
A quick one from the Arizona Supreme Court that isn’t so much a true takings case, but more like “takings adjacent.” In our view, it well illustrates the way that takings arguments can shape how statutes are interpreted, even if…
CA9: "Traditional common law rule" That Utilities Bear The Cost Of Relocating From Public Right-of-Way Isn't A Taking
Here’s one about Lucas “background principles” of property law, or maybe the Supreme Court’s current focus on “history and tradition” when it comes to defining private property for purposes of the Takings Clause.
In So. Cal.