Real Estate & Property Law

Wisconsin Supreme Court: Property Valueless, So Lessee Not Entitled To Compensation

Posted on July 17, 2009
"Would that John Adams could rise from his grave to speak for the VFW, and for property rights in twenty-first century America. I believe he would observe that, if the VFW's property can be taken without compensation, no property is...

National Constitution Center Podcast On Kelo

Posted on July 14, 2009
The National Constitution Center regularly posts "We The People Stories," podcasts of "nationally recognized leaders debating and discussing the Constitution." The latest is about Kelo and eminent domain, and is well worth a listen. Here's the summary: A conversation about...

HAWSCT On Nonconforming Uses: You Can't Change What You Didn't Establish

Posted on July 14, 2009
What do you call an appeal in which the Supreme Court doesn't address any of your five questions presented? If you are the petitioner's attorneys in Save Diamond Head Waters LLC v. Hans Hedemann Surf, Inc., No. 27804 (July 13,...

Sotomayor On Takings And Property Rights Issues

Posted on July 13, 2009
The Senate's hearings on Circuit Judge Sonia Sotomayor's nomination as an Associate Justice of the U.S. Supreme Court begin today. Here's our summary of cases in which she was involved as a circuit and district judge on the issue. If...

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Field Of (Broken) Dreams In New London?

Posted on July 12, 2009
That now-cliched line from Field of Dreams, "if you build it they will come" (actually, it's "he will come," but work with us here) seemed to be the driving force behind the New London Development Corporation's plans for the Fort...

Florida Supreme Court: Property Owner's Off-Site Mitigation Taken Into Account In Calculating Business Damages From A Partial Take

Posted on July 10, 2009
In System Components Corp. v. Florida Dep't of Transportation, No. SC08-1507 (July 9, 2009), the Florida Supreme Court resolved a conflict in the lower Florida courts regarding the application of business damages in a condemnation case under Florida Statutes §...

The Verified Complaint In Equity: The Declaration Of Independence

Posted on July 04, 2009
We know lawyers are easy targets (we enjoy lawyer jokes as much as the next person, i.e., What's the difference between a good lawyer and a great lawyer? A good lawyer knows the law; a great lawyer knows the judge.)....

HAWSCT To Review Residency Challenge: Is Intending To Live Somewhere Enough To Be "Residing" There?

Posted on July 03, 2009
The Hawaii Supreme Court has agreed to hear the appeal regarding whether the State Board of Registration (County of Maui) correctly concluded that a Maui County councilperson who registered to vote as a Lanai resident is actually a resident of...

PropertyProf's Summary Of The SCOTUS Beachfront Takings Case

Posted on July 02, 2009
In What's At Stake in Stop the Beach Renourishment, Lawprof D. Benjamin Barros posts a comprehensive summary of "judicial takings" case accepted for review by the US Supreme Court, Stop the Beachfront Renourishment, Inc. v. Florida Dep't of Environmental Protection,...

Tuesday Round-Up

Posted on June 30, 2009
Here are items which we've been reviewing today: Dwight Merriam's thoughts on SCOTUS nominee, Second Circuit Judge Sonia Sotomayor. A report that the "Florida Hometown Democracy" initiative has made the 2010 ballot. According to the report "[i]f the proposal gets...

Cert Denied Update

Posted on June 26, 2009
Last week's cert grant by the Supreme Court in Stop the Beachfront Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted, June 15, 2009) got us to thinking about other petitions in takings and land use cases...

Links From ABA Condemnation Committee Conference Call

Posted on June 25, 2009
A very interesting conference call today, focusing on the property-related decisions by SCOTUS nominee Sotomayor and the takings case recently accepted for review by the U.S. Supreme Court. Here are the links to some of the cases and other topics...

On Judicial Takings, And The Hawaii Water Rights Backstory In Stop The Beach Renourishment

Posted on June 24, 2009
The U.S. Supreme Court last week agreed to review the Florida Supreme Court's decision in Walton County v. Stop the Beach Renourishment, Inc., 998 So.2d 1102 (Fla. Sep. 29, 2008), which held that a state statute prohibiting "beach renourishment" without...

Feds Likely To Seek Cert In Casitas (Water Rights Taking Case)

Posted on June 23, 2009
It looks like the federal government will likely seek U.S. Supreme Court review of Casitas Municipal Water District v. United States, 543 F.3d 1276 (Fed. Cir. 2008). As noted here, the SG's office has sought and received two extensions of...

Eminent Domain Academic Round-Up: Pretext And Compensation

Posted on June 21, 2009
I've been reading some noteworthy law journal articles on the subject of eminent domain -- two on the issue of pretext, and one on just compensation. Worth reviewing. Daniel S. Hafetz, Ferreting Out Favoritism: Bringing Pretext Claims After Kelo, 77....

ABA Condemnation Law Committee Conference Call On Beach Takings Case And Sotomayor Nomination

Posted on June 20, 2009
Head's up to all members of the ABA's Section of State and Local Government Law's Condemnation Law Committee: you should have received an email about next week's conference call (Thursday, June 25, 2 p.m. EDT) to discuss recent developments and...

NY Times On Judge Sotomayor And Property Rights

Posted on June 19, 2009
Adam Liptak reports Issue of Property Rights Is Likely to Arise in Sotomayor?s Confirmation Hearings in the June 14, 2009 edition of the New York Times, comparing SCOTUS nominee Sotomayor's decision in an infamous (at least in eminent domain circles)...

Federal Circuit: Plaintiff Alleged Property Right To Develop Land

Posted on June 17, 2009
The US Court of Appeals has reversed the Court of Federal Claims' dismissal of a takings case, holding the right to develop land is property protected by the Takings Clause. In Schooner Harbor Ventures, Inc. v. United States, No. 2008-5084...

More Background On The Supreme Court's Beachfront Takings Case

Posted on June 16, 2009
The Eminent Domain Law Blog, published by our colleagues at Owners' Counsel of America, has summarized Stop the Beachfront Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11, the takings and due process case which the U.S. Supreme Court...

Further Thoughts On Property Taxes And Voting

Posted on June 15, 2009
I've received a few interesting comments and e-mails on an earlier post ("Why Hawaii Can't Vote On Property Taxes") about the Ohana Kauai property tax charter amendment and how it was declared unconstitutional by a 3-2 Hawaii Supreme Court. Here's...

SCOTUS Beachfront Takings Case Links

Posted on June 15, 2009
Here are links and other items of interest about Stop the Beachfront Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009): Cert petition, BIO's and amicus briefs (via SCOTUSblog) ABA Journal: Surprise: Supreme Court...

SCOTUS To Review Beachfront Takings Case: Can A Court Decision "Take" Property?

Posted on June 15, 2009
In Stop the Beachfront Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009), the US Supreme Court agreed to review a case that raises several important takings issues, including the issue of whether a...

Report On Residency Challenge Appeal: Is Intending To Live Somewhere Enough To Be "Residing" There?

Posted on June 13, 2009
In High court ruling on residency requested, the Maui News reports on Dupree v. Hiraga, No. 29464, the appeal of the decision by the State Board of Registration (County of Maui) which concluded that a Maui County councilperson who registered...

Cert Denied In Ninth Circuit Legislative Exactions Case

Posted on June 12, 2009
Earlier this week, the Supreme Court declined review of the Ninth Circuit's decision in McClung v. City of Sumner, 548 F.3d 1219 (9th Cir. 2008). In that case, the Ninth Circuit held: This case presents an issue of first impression...

Why Hawaii Can't Vote On Property Taxes

Posted on June 11, 2009
Faced with a budget shortfalls and declining revenue projections (and what level of government these days isn't?), the Honolulu City Council voted today to raise property taxes and eliminate a property tax credit that would have softened the raise for...

Opposite Sides Join Forces To Protect Property RIghts

Posted on June 10, 2009
As reported here, the American Civil Liberties Union of Florida has joined forces with the American Center for Law and Justice to help protect a property owner. It's good to see that these two organizations -- usually on opposite sides...

Election Law: Is Intending To Live Somewhere Enough To Be "Residing" There?

Posted on June 09, 2009
Yesterday, my Damon Key colleagues and I filed this brief on behalf of a Lanai voter, asking the Hawaii Intermediate Court of Appeals to affirm a decision by the State Board of Registration (County of Maui) which concluded that a...

New Article On Redevelopment And "Blight" - Proposal For Reform

Posted on June 09, 2009
I just finished reading a recently-published law review article by Missouri Court of Appeals Judge Harold L. Lowenstein, Redevelopment Condemnations: A Blight or a Blessing upon the Land?, 74 Mo. L. Rev. 30 (2009) (available here). Despite the efforts of...

The Ames Brothers On Eminent Domain Negotiations

Posted on June 08, 2009
Remember that song Undecided, recorded by the Ames Brothers (and countless others)? First you say you do, and then you don't And then you say you will, and then you won't You're undecided now So what are you gonna do?...

Video Of Kelo's New London Neighborhood With Author Jeff Benedict

Posted on May 31, 2009
A short video with Jeff Benedict, author of Little Pink House - A True Story of Defiance and Courage (Grand Central Publishing 2009), which tells the backstory to the infamous Supreme Court eminent domain decision Kelo v. City of New...

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