Real Estate & Property Law

Amazing: A Summary Of Columbia Expansion That Doesn't Mention "Eminent Domain"

Posted on December 15, 2010
I'm an alum of Columbia University (LLM, 1995), so I'm on the list to receive the semi-regular emails sent out by the law school and the alumni association, informing me about a recent faculty hire, or containing the latest plea...

U.S. Supreme Court Declines Review Of Columbia Eminent Domain Case

Posted on December 15, 2010
The Court has denied certiorari in Tuck-It-Away, Inc. v. New York State Urban Dev. Corp., No. 10-402 (cert. petition filed Sep. 21, 2010), the case about the New York State Urban Development Corporation's attempt to take property for a new...

Mark Your Calendars - Feb. 17-19, 2011: Annual ALI-ABA Condemnation Law Programs

Posted on December 15, 2010
Thursday-Saturday, February 17-19, 2011, come join us for the 28th annual presentation of the advanced-level ALI-ABA Course of Study, Eminent Domain and Land Valuation Litigation, and the sixth annual presentation of the basic-level ALI-ABA Course of Study, Condemnation 101: Making...

An Interesting Footnote To Judge King's Career

Posted on December 15, 2010
Senior U.S. District Judge Samuel P. King -- an iconic figure in Hawaii's legal circles -- passed away last week, sparking an outpouring of praise, reminiscence, and love. While many remember him for his relatively recent role as one of...

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Columbia Spectator On The Columbia Eminent Domain Cert Petition

Posted on December 15, 2010
The Columbia Spectator, the student newspaper of Columbia University has a story about Tuck-It-Away, Inc. v. New York State Urban Dev. Corp., No. 10-402 (cert. petition filed Sep. 21, 2010), the case about the New York State Urban Development Corporation's...

Oral Argument Recording In HAWICA Takings And Ripeness Case

Posted on December 15, 2010
The court has posted the recording of yesterday's oral argument in Leone v. County of Maui, No. 29696, a case that we've been following closely involving federal regulatory takings claims, Williamson County ripeness, and the practical effect of the Hawaii...

Columbia Eminent Domain Cert Petition Is a SCOTUSblog "Petition To Watch"

Posted on December 15, 2010
SCOTUSblog has listed in Tuck-It-Away, Inc. v. New York State Urban Dev. Corp., No. 10-402 (cert. petition filed Sep. 21, 2010) as a "Petition to Watch" (scroll down to the fourth case) for tomorrow's conference. The results of the conference...

A Very Good Summary Of The Columbia Eminent Domain Cert Petition Issues

Posted on December 15, 2010
On his indispensable blog Atlantic Yards Report, journalist Norman Oder has posted a comprehensive summary of the issues in the Columbia eminent domain case, which is scheduled to be considered at the Supreme Court's conference this Friday, December 10, 2010...

"I Got Mine" Fits On A Bumper Sticker

Posted on December 15, 2010
(Click on the image to enlarge) A colleague pointed out Dave Swann's Trouble in Paradise strip from the Sunday Star-Advertiser that puts a comic twist on what Professor Paul Boudreaux has called "drawbridge protectionism." There's more than a touch of...

Live Blog Today: Must A Property Owner Seek To Change The Law To Ripen A Federal Takings Claim?

Posted on December 15, 2010
This morning, at 10:00 a.m. HST (3 p.m. EST, noon PST), the Hawaii Intermediate Court of Appeals will hear oral arguments in a case we've been following that involves federal regulatory takings claims, Williamson County ripeness, and the practical effect...

Final Cert Stage Brief In Columbia Eminent Domain Case

Posted on December 15, 2010
The property owner has filed its Reply to the Brief in Opposition in Tuck-It-Away, Inc. v. New York State Urban Dev. Corp., No. 10-402 (cert. petition filed Sep. 21, 2010). That's the case in which upper Manhattan property owners have...

Monday Round Up

Posted on December 15, 2010
We've been meaning to post links to these items for a while: New Survey Date on Public Attitudes Towards Kelo and Economic Development Takings (from Volokh Conspiracy). Call For Papers: Planning, Law, and Property Rights - Fifth International Conference, University...

Sixth Circuit: Red Light Camera Ordinance Not A Taking

Posted on December 15, 2010
As we have noted previously, we love creative lawyering. But sometimes ... well, just check this case out for an unusual approach to "takings" claims. In McCarthy v. City of Cleveland, No. 09-4149 (Nov. 9, 2010), the U.S. Court of...

Federal Circuit: No Physical Taking, No Regulatory Taking

Posted on December 15, 2010
In CRV Enterprises, Inc. v. United States, No. 2009-5100 (Nov. 17, 2010), the U.S. Court of Appeals for the Federal Circuit concluded that the EPA's installation of a "log boom" in the Old Mormon Slough in Stockton, California as part...

Cal Ct App: Farmland Mitigation Exaction Has Nexus And Proportionality

Posted on December 15, 2010
In Building Industry Ass'n of Central California v. County of Stanislaus, No. F058826 (Nov. 29, 2010), the California Court of Appeal (Fifth District) concluded that the County's Farmland Mitigation Program -- which requires property owners to dedicate or acquire perpetual...

12/8/2010 Oral Argument Live Blog: Must A Property Owner Seek To Change The Law To Ripen A Federal Regulatory Takings Claim?

Posted on December 15, 2010
At 10:00 a.m. HST (3 p.m. EST, noon PST), the Hawaii Intermediate Court of Appeals will hear oral arguments in a case we've been following that involves federal regulatory takings claims, Williamson County ripeness, the practical effect of the Hawaii...

Pa. Supreme Court: If It Walks Like A Private Taking And Quacks Like A Private Taking, It Might Be A Private Taking

Posted on December 15, 2010
A state statute that allows one private landowner to compel the the building of a private road over the land of a neighbor might violate the Public Use Clause held the Pennsylvania Supreme Court in In re Opening a Private...

Land Use And Takings Cases Discussed At The HSBA Real Property Session

Posted on December 15, 2010
The week before last, the Hawaii State Bar Association's Real Property and Financial Services Section held a session on recent developments in land use law of interest to local dirt lawyers. We were not able to attend (we were teaching...

New Article: Recent Developments in Challenging the Right to Take in Eminent Domain

Posted on December 15, 2010
The Urban Lawyer, the law review published by the ABA Section of State & Local Goverment Law has published my article Recent Developments in Challenging the Right to Take in Eminent Domain, 42 Urban Lawyer 693 (Summer 2010). It summarizes...

Materials And Links From "Integrating Water Law and Land Use Planning" Seminar

Posted on December 15, 2010
Last Friday, I was on the faculty of Integrating Water Law and Land Use Planning, a seminar on Hawaii's unique water law. My session covered "Water Rights, Property Rights and the Law of Settled Expectations," and provided a crash course...

Upcoming Seminar: Planning, Zoning & Eminent Domain (Dec. 2-3, 2010)

Posted on December 15, 2010
Still not have your MCLE hours for 2010? Will you be in or near Plano, Texas on December 2 and 3, 2010? Want to attend a conference at which the top minds in planning, zoning and eminent domain law are...

Mass Land Court Has Jurisdiction To Consider Claim That Landowner Has Title Due To Procedural Errors In Condemnation

Posted on December 15, 2010
In Lichoulas v. City of Lowell, No. 09-P-1448 (Nov. 17, 2010), the Massachusetts Court of Appeals concluded that the state's Land Court has subject matter jurisdiction to consider a property owner's contesting of the state's title to property which it...

Once You Start Down The Dark Path, Forever Will It Dominate Your Destiny. Consume You It Will.

Posted on December 15, 2010
Appropos of absolutely nothing that are the usual subjects of this blog is this decision and order, issued yesterday by the California Commission on Judicial Performance. It's totally off-topic, but a must-read. It's about what happened when a San Diego...

Hawaii Supreme Court: No Per Se Rule In Pretextual Takings

Posted on December 15, 2010
It's pretty easy to blog about cases in which your side prevails, but not so easy when you don't. This post is one of the latter instances. In County of Hawaii v. C & J Coupe Family Ltd. P'ship, No....

Min App: Minnesota Constitution's Takings Clause Provides Greater Protection For Property Owners

Posted on December 15, 2010
We use "takings," "Takings Clause" and "Fifth Amendment rights" as a convenient shorthand for the right of property owners to object or obtain compensation when a government act has so interefered with their rights that it might as well have...

Materials And Links From "Integrating Water Law and Land Use Planning" Seminar

Posted on November 22, 2010
Last Friday, I was on the faculty of Integrating Water Law and Land Use Planning, a seminar on Hawaii's unique water law. My session covered "Water Rights, Property Rights and the Law of Settled Expectations," and provided a crash course...

Upcoming Seminar: Planning, Zoning & Eminent Domain (Dec. 2-3, 2010)

Posted on November 21, 2010
Still not have your MCLE hours for 2010? Will you be in or near Plano, Texas on December 2 and 3, 2010? Want to attend a conference at which the top minds in planning, zoning and eminent domain law are...

Mass Land Court Has Jurisdiction To Consider Claim That Landowner Has Title Due To Procedural Errors In Condemnation

Posted on November 19, 2010
In Lichoulas v. City of Lowell, No. 09-P-1448 (Nov. 17, 2010), the Massachusetts Court of Appeals concluded that the state's Land Court has subject matter jurisdiction to consider a property owner's contesting of the state's title to property which it...

Once You Start Down The Dark Path, Forever Will It Dominate Your Destiny. Consume You It Will

Posted on November 11, 2010
Appropos of absolutely nothing that are the usual subjects of this blog is this decision and order, issued yesterday by the California Commission on Judicial Performance. It's totally off-topic, but a must-read. It's about what happened when a San Diego...

Hawaii Supreme Court: No Per Se Rule In Pretextual Takings

Posted on November 10, 2010
It's pretty easy to blog about cases in which your side prevails, but not so easy when you don't. This post is one of the latter instances. In County of Hawaii v. C & J Coupe Family Ltd. P'ship, No....

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