Real Estate & Property Law

Links From Today's ABA Teleconference: Hot Topics In Land Use Law 2009

By Robert Thomas (inversecondemnation.com)

Thank you to those who were able to join us live for today's teleconference. Here are the links to the additional cases and other items I mentioned (or wanted to mention) in my session on Public Use and Pretext Update:

• Proving Eminent Domain Pretext In Serial Takings - County of Hawaii v. C&J Coupe Family Ltd. P?ship, 198 P.3d 615 (Haw. Dec. 24, 2008) (proposed Findings of Fact and Conclusions of Law on remand)

• Book Review: Little Pink House by Robert S. Poliner, Connecticut Ombudsman for Property rights

• New Eminent Domain Book: Current Condemnation Law - Takings, Compensation & Benefits (2d ed.)

• Eminent Domain Use and Abuse: Kelo in Context (ABA 2007) (Dwight Merriam, Mary Massaron Ross, eds.)

• Might Makes Blight In The New York Appellate Division - Develop Don't Destroy Brooklyn v. Urban Dev. Corp., 2009 NY Slip Op 01395 (Feb. 26, 2009)

• New Cert Petition - Dolan Proportionality And Individualized Determination Applies To In-Lieu Fees - the cert petition seeking review of Joy Builders, Inc. v. Town of Clarkstown, 11 N.Y.3d 863 (2008)

• California Court of Appeal: No TKO Of Eminent Domain Challenge - Community Youth Athletic Center v. City of National City, No. D052584 (Jan. 22, 2009)

The 2009 version of this popular annual program covered the latest developments in several areas of the law related to land use regulation.  Among the topics were the ability of town boards to control obstreperous speakers; the latest law concerning ethical constraints on state and local officials and the citizens who appear before them; restrictions on the government's ability to limit religious land uses under the Religious Land Use and Institutionalized Persons Act (RLUIPA); what's new concerning cell tower sitting; new law about impact fees and exactions; and citizen input into brown fields restoration and the backlash against it. I spoke about the latest developments in eminent domain and pretext. Also on the faculty were Daniel Dalton, Robert B. Foster, W. Andrew Gowder, Jr., and Jeffrey Kleeger. Paul D. Wilson moderated.  More here, including information about purchasing the CD recording.

If you have any questions or comments you weren't able to ask or make during the teleconference, please drop me an email.

Full post as published by inversecondemnation on April 02, 2009 (boomark / email).