Tag: takings

OCA Files Amicus Brief in Support of Wyoming Landowner in “Rails-to-Trails” Takings Case Seeking SCOTUS Review

Posted on Apr 25, 2013 in News & Events

Today, the Owners’ Counsel of America (OCA) filed an amicus curiae brief in support of the landowner in Marvin M. Brandt Revocable Trust v. United States (12-1173) urging the United States Supreme Court to review a Tenth Circuit Court of Appeals decision in United States v. Brandt, 2012 WL 3935613 (C.A.10 (Wyo.)) which erroneously found that the federal government retained an “implied reversionary interest” in railroad rights of way granted under an 1875 Congressional Act.

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New Journal of Law and Courts Debuts with a Discussion of the Link Between SCOTUS Takings Jurisprudence and Ideology

Posted on Apr 16, 2013 in News & Events

The University of Chicago Press and the Law and Courts Section of the American Political Science Association has published the inaugural volume of the new Journal of Law and Courts (JLC). The JLC is an interdisciplinary, peer-reviewed journal covering a wide-range of topics devoted to the examination of legal institutions, actors, processes and policy.

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Hawaii ICA: Oral arguments in Leone v. County of Maui property rights case

Posted on Dec 9, 2010 in News & Events

Yesterday, eminent domain and land use attorney, Robert Thomas, live blogged the oral arguments held before the Hawaii Intermediate Court of Appeals on a closely watched takings case in Hawaii. Robert, along with his Damon Key colleagues Mark Murakami and Rebecca Copeland, provided live commentary and background while simultaneously following the arguments.

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Washington’s Supreme Court “stroll through Sherwood Forest” to settle a property rights case

Posted on Aug 20, 2010 in News & Events

The Washington Supreme Court issued an opinion Thursday in Proctor v. Huntington, No. 82326-0 (August 19, 2010), a case involving a property line dispute between neighbors. The Court was split 5-4 with the majority finding in favor of the encroaching property owner and upholding the opinions of a Skamania County judge and the Court of Appeals.

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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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Chinese farmer defends his property from economic development taking

Posted on Jun 10, 2010 in News & Events

International news agencies have recently reported a story focusing on Yang Youde, a farmer whose property lies on the outskirts of Wuhan city, in central Hubei province, China and his efforts to defend his property from seizure by government-backed developers who want his land. Reuters reports: “His approach is more aggressive than most, but Yang’s problem is a common one.” And, some might argue common not only in Communist China.

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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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NJ appeals court finds business losses are compensable in temporary takings

Posted on Sep 9, 2009 in News & Events

A New Jersey appeals court recently ruled that business losses resulting from a temporary taking of commercial property for the repair of public infrastructure must be compensated. In it’s August 27, 2009 opinion, the appellate court upheald a trial court’s dismissal of the New Jersey Department of Transportation’s attempted taking of such a property where its offer of compensation failed to consider the business losses. The appellate court, in State v. Arifee, A-5633-07, adopted a U.S. Supreme Court ruling that “an exercise of the power of eminent domain which has the inevitable effect of depriving the owner of the going-concern value of his business is a compensable ‘taking’ of property.”

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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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