Real Estate & Property Law

Super Bowl Sunday Links

By Robert Thomas (inversecondemnation.com)

For anyone not watching the game, here's your Sunday fix of items that do not involve football:

• The Institute for Justice -- the good people who represented Mrs. Kelo in Kelo v. City of New London, 545 U.S. 469 (2005) -- have posted this short video entitled "Kelo v. City of New London: Judicial Abdication in Action." Money quote: "What does Fort Trumbull look like today? Today, the Fort Trumbull neighborhood is a barren wasteland."

• The New York Times (itself the corporate beneficiary of eminent domain), posts the story "Blighted Area? These Business Owners Beg to Differ," about the latest case of alleged "blight" and redevelopment in New York City, this time from East Harlem. Unless there is something here that we're missing, New York's law of blight and public use are so skewed in favor of the condemnor as recently reaffirmed in the Tuck-it-Away case, that there is not much hope for the property owners. As one New York Appellate Division Judge put it, "there is no longer any judicial oversight of eminent domain proceedings." Via Anthony Della Pelle at New Jersey Condemnation Law blog.

• Also via Tony Della Pelle, a new documentary "Greetings from Asbury Park," in which "the filmmakes have interviewed over 40 local residents, historians, artists, musicians, community leaders as well as numerous national public policy experts and distinguished scholars" about redevelopment takings in New Jersey designed to make Asbury Park "a thrilling combination of SoHo and South Beach."

• From Pacific Legal Foundation's Liberty Blog: "Ninth Circuit's 'goofy factor' opens door to Supreme Court review of rent control." R.S. Radford adds his thoughts about the en banc opinion in Guggenheim v. City of Goleta, a case headed to the Supreme Court. "If anybody reading this would like to add their voice to those who will be clamoring for the High Court to grant review and reverse the Ninth Circuit (again)," Radford writes, "this would be a good time to start drafting your amicus brief."

• From our friends in the Pacific Northwest, SchwabeBlog: Condemnation posts "Washington Supreme Court Asked to Award Interest on Relocation Benefits." Includes video of the recent oral arguments in a case that will determine whether the state is liable for interest on awards of relocation benefits, Union Elevator & Warehouse Co. v. State of Washington DOT. Here are the briefs in the case:
  • Answer
  • Appellant Brief
  • Reply to Answer
  • Supplemental Brief of Petitioner
  • Supplemental Brief of Petitioner
  • Supplemental Brief of Respondent
  • Union Elevator Respondent Brief
  • Statement of Supplemental Auth

• The Texas Court of Appeals decision approving the taking of private property for Cowboy Stadium in Arlington, Cascott, LLC v. City of Arlington, 278 S.W.3d 523 (Tex. Ct. App. 2009). The court rejected the property owners' argument "that the condemnation and the Lease are unconstitutional under section 17 of article I of the Texas Constitution because they result in the grant of an unlimited special privilege to a private entity." The Texas Supreme Court declined to review the case. (Sorry, we could not resist at least one Super Bowl-eminent domain-related link).

Full post as published by inversecondemnation on February 06, 2011 (boomark / email).