After the U.S. Supreme Court in Cedar Point Nursery reminded everyone that the Court’s longstanding focus on the right to exclude others as one of the most fundamental of property rights is as fresh today as it ever was (see
Yet another case rejecting a takings claim for a Co-19 related business shut down.
In 640 Tenth, LP v. Newsom, No. D070339 (May 13, 2022) the court expressed sympathy for the property owners who have been required to shoulder
The Cass County Water Resource District wanted to acquire the Sauvageau property for a flood control project. That means flooding the property. Removing all trees and vegetation, taking dirt. Putting it underwater, permanently. Cutting off the public access road. And
Anyone who reads this blog regularly knows Tiburon, California, even if you’ve never stepped foot there. Yes, that Tiburon. Well, the beat goes on: the Agins litigation wasn’t the only time that the town and its residents
Here’s one we’ve been meaning to post for a while. In Bd. of Comm’rs of Mill Creek Park Metro Dist. v. Less, No. 20MA0074 (Apr. 14, 2022), the Ohio Court of Appeals held that the Park District lacked the
It’s back! After a hiatus on the in-person program, the bi-annual Hawaii Land Use Conference is back in-person (see here for a sample of one of our prior presentations at this conference).
May 25 and 26, 2022, downtown Honolulu.
The
A new article by lawprof Bethany Berger, “Property and the Right to Enter,” criticizing the Supreme Court’s ruling in Cedar Point Nursery. The article builds on the amicus brief in the case, also authored by Prof
A new article on takings from U. Virginia Law School profs Ann Woolhandler and Julia Mahoney in the Notre Dame Law Review, “Federal Courts and Takings Litigation.” Get the pdf here.
Rather than try and summarize the piece,
Even if the world were open today, the doors to most Hawaii state, county, and city offices would still be locked. Because today is the day that Hawaii celebrates Good Friday.
Yes, Good Friday is an an official state-sanctioned
