Tag: Supreme Court

Property rights: Protection for the little guy (and gal) until taken by eminent domain

Posted on Dec 20, 2010 in News & Events

Friday’s New York Post includes an article by Glenn Harlan Reynolds about the Columbia University eminent domain case and the recent Supreme Court decision to deny cert. Mr. Reynolds discusses the importance of property rights and how the term “public use” has been redefined by the courts “to include pretty much anything the government wants to do with the property.

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Supreme Court denied cert in Columbia University eminent domain case

Posted on Dec 14, 2010 in News & Events

Yesterday, the U.S. Supreme Court declined to hear the Columbia University eminent domain case Tuck-It-Away, Inc. v. New York State Urban Dev. Corp., No. 10-402 (cert. petition filed Sep. 21, 2010).

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Property owner in Columbia expansion case likens the use of eminent domain to “highway robbery”

Posted on Dec 10, 2010 in News & Events

Nick Sprayregen, owner of Tuck It Away, the lead plaintiff in the Columbia eminent domain case on petition for certiorari to the Supreme Court, explains in the Youtube video above how New York state’s eminent domain procedures favor the condemnors and deny property owners due process of law.

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SCOTUS Nominee Kagan on Property Rights

Posted on Jul 2, 2010 in News & Events

During the Senate confirmation hearings held this week, Supreme Court Nominee Elena Kagan did provide a somewhat direct response to Senator Grassley’s questions concerning her position on property rights. From the exchange between Sen. Grassley and Ms. Kagan:

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More on last week’s decision in Columbia eminent domain case

Posted on Jun 29, 2010 in News & Events

Last week the New York Court of Appeals issued its decision in Kaur v. New York State Urban Development Corp., No. 125 (June 24, 2010) (see our post here). In it’s decision, NY’s highest court reversed the New York Supreme Court, Appellate Division (First Department) decision issued December 3, 2009 which had struck down the attempted taking by eminent domain finding that the taking was unconstitutional as the project would not have a true public purpose but rather an entirely private benefit to Columbia University.

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Milwaukee VFW eminent domain battle: ‘You can’t fight city hall’

Posted on Jun 28, 2010 in News & Events

The Daily Reporter (Milwaukee, WI) posted an article June 22 by Sean Ryan detailing the VFW eminent domain case refused for review by the U. S. Supreme Court (see our previous post here). Mr. Ryan’s article ‘You can’t fight city hall’: VFW loses eminent domain battle outlines the history of the case – a near decade long battle waged by the VFW Post 2874 against the Milwaukee Redevelopment Authority over just compensation for the Post’s valuable long-term leasehold.

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Additional links to chatter Re: SCOTUS and no taking in Stop the Beach

Posted on Jun 21, 2010 in News & Events

Below are links to additional blog posts and commentary regarding last week’s Supreme Court decision in Stop the Beach Renourishment v. Florida Department of Environmental Protection, 08-1151.

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Supreme Court Rules “No Taking” in Florida’s Stop the Beach Renourisment Case

Posted on Jun 21, 2010 in News & Events

There has been much chatter and discussion regarding the U.S. Supreme Court Opinion issued June 17, 2010 in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-1151. (See list of links below for much of this chatter.) As many have said, the opinion is “fragmented” with various groupings of Justices agreeing on different parts of the decision, nonetheless all 8 Justices agreed that there was no taking. (Justice Stevens recused himself, presumably he owns oceanfront (now “ocean view”) property in Florida.)

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U.S. Supreme Court will not review Wisconsin VFW eminent domain case

Posted on Jun 19, 2010 in News & Events

Following last week’s conference, the U.S. Supreme Court this morning issued an order denying certiorari review in City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010) SCOTUS online docket here.

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SCOTUS eminent domain case concerning “undivided fee rule” scheduled for conference

Posted on Jun 9, 2010 in News & Events

The Respondent’s brief in opposition and Petitioner’s reply in support of the Petition for Writ of Certiorari in the Wisconsin eminent domain case, City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010), have been filed with the U.S. Supreme Court. The matter has been distributed and is calendared for conference on June 17, 2010. (SCOTUS Docket No 09-1204.)

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