Tag: Supreme Court

Where does SCOTUS nominee Elena Kagan stand on property rights?

Posted on May 11, 2010 in News & Events

Everyone is talking about President Obama’s announcement that he has nominated Elena Kagan to replace retiring Justice John Paul Stevens on the U.S. Supreme Court. Likewise, everyone is talking about Ms. Kagan – her credentials, her experience, and her philosophies (or, at least the lack of knowledge of her personal views and philosophies).

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Update: Amici brief filed in SCOTUS “undivided fee rule” eminent domain case

Posted on May 1, 2010 in News & Events

Yesterday, the National Association for Home Builders together with the Wisconsin Building Association filed a brief amici curiae in support of the VFW in the 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).

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Cert petition filed for SCOTUS review of the “Undivided Fee Rule” in eminent domain

Posted on Apr 8, 2010 in News & Events

A new Petition for Writ of Certiorari has been filed with the United States Supreme Court requesting review of a Wisconsin eminent domain case, City of Milwaukee Post No. 2874 Veterans of Foreign Wars v. Redevelopment Agency, 768 N.W.2d 749 (Wis. 2009), in which the application of the “undivided fee rule” (also referred to as the “unit rule”) resulted in the award of $0 as “just compensation.” (SCOTUS Docket No 09-1204.)

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SCOTUS: Stop the Beach Renourishment

Posted on Dec 3, 2009 in News & Events

As we noted here previously, the U.S. Supreme Court heard oral arguments yesterday in the most recent property rights case to go before the bench Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection.

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Transcript of SCOTUS oral argument available online

Posted on Dec 2, 2009 in News & Events

The Supreme Court has released the unofficial transcript for today’s argument in Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection. A pdf of the transcript is available here. More to follow once we have had time to read it.

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Supreme Court will hear oral argument in Florida beach takings case

Posted on Dec 1, 2009 in News & Events

On Wednesday, December 2, 2009, the U.S. Supreme Court will hear oral arguments in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, et al. For background on the case see our previous posts here and here as well as the case resource page on inversecondemnation.com by OCA Hawaii Member, Robert Thomas.

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Sen. McCain: Private property rights need protection

Posted on Oct 22, 2009 in News & Events

The opinion piece below appeared in today’s Arizona Daily Star and is attributed to Senator John McCain. Senator McCain clearly disagrees with the decision of the U.S. Supreme Court in Kelo and even calls upon the Court to revisit “its decision in the near term because it is irresponsible for the court to abandon long-held limitations on government power.” Although it is unlikely that the Court will revisit Kelo “in the near term,” the Justices will have an opportunity review a case before the Court concerning the issue of private property rights when oral arguments in Stop the Beach Renourishment v. Florida Dep’t of Environmental Protection take place before the Court on December 2, 2009.

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Willets Point property owners concerned about Sotomayor’s stance on propertyrights

Posted on Jul 21, 2009 in News & Events

Yesterday, Willets Point United Against Eminent Domain Abuse, a group of business and property owners dedicated to fighting eminent domain abuse in the neighborhood of Willets Point, in Queens, NY, met on the steps of City Hall to raise their concerns about the nomination of Judge Sonya Sotomayor to the Supreme Court. Willets Point United joins other property rights groups, legal scholars and experts in questioning Judge Sotomayor’s position on property rights, specifically with respect to her participation in the Second Circuit opinion in Didden v. Village of Port Chester.

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Property Prof on SCOTUS review of Stop the Beach Renourishment

Posted on Jul 6, 2009 in News & Events

Widener University Law Professor D. Benjamin Barros summarizes the property rights case (Stop the Beach Renourishment v. Florida Department of Environmental Protection) recently accepted for review by the Supreme Court in his post: What’s at Stake in Stop the Beach Renourishment. (Our post about this case is available here.)

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Supreme Court to hear Florida beach erosion case

Posted on Jun 15, 2009 in News & Events

On Monday morning, the Supreme Court agreed to hear a Florida property rights case, Stop the Beach Renourishment v. Florida Dep’t of Environmental Protection, et al. (08-1151). In granting certiorari, the Court will decide whether state legislation to renourish eroded beaches along the coast or lakeshores constitutes a regulatory taking or violates the Fifth Amendment when the boundary lines of waterfront private property is affected.

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