Real Estate & Property Law

The Real "Prime Directive" - Happy Constitution Day

Posted on September 17, 2020
[Barista's note: is it any coincidence that Constitution Day is just one day -- a single day! -- before National Cheeseburger Day? Two awesome days in a row a coincidence? We think not.] On the day we celebrate Constitution Day (or should we say Khaaaaan-stitution Day?) we have to admit...

A $3.9 Million View -- And Not Much Else, But A Takings Claim

Posted on March 31, 2011
An interesting story from today's San Francisco Chronicle, forwarded by a colleague. In Bolinas oceanfront parcel $3.9 million, no building, Peter Fimrite reports on a 47 acre parcel of land in the notoriously I-got-mine Marin County, California community of Bolinas:...

Live Blog Of Hawaii Senate Hearing On Attorney General Appointment

Posted on March 29, 2011
Today, we're live blogging the Hawaii Senate Judiciary Committee's hearing on the Governor's appointment of attorney David Louie as Attorney General. Louie has been serving as Acting AG since January 2010. <a href="http://www.coveritlive...

9th Circuit: City Did Not Impair Its Contract To Condemn

Posted on March 28, 2011
In what could be the final chapter of the Hawaii "land reform" process that started in the 1960's, the U.S. Court of Appeals for the Ninth Circuit held that the City and County of Honolulu did not violate the Contracts...

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9th Circuit: Mobilehome Rent Control Takings Claim Too Early Or Too Late, Take Your Pick

Posted on March 28, 2011
In Colony Cove Properties, LLC v. City of Carson, No. 09-57039 (Mar. 28, 2011), the U.S. Court of Appeals for the Ninth Circuit affirmed the District Court's dismissal of a property owner's claim that the City of Carson's mobilehome rent...

Latest Briefs In SCOTUS Ethics Case: Do Elected Officials With Conflicts Of Interest Have A Right To Vote Anyway?

Posted on March 25, 2011
In Comm'n on Ethics of the State of Nevada v. Carrigan, No. 10-568 (cert. granted Jan 7, 2011), the U.S. Supreme Court is considering whether a state statute which requires elected officials to recuse themselves from considering matters on which...

Cal Ct App: When Is An Affordable Housing Exaction Not Exactly An "Exaction?"

Posted on March 24, 2011
This just in: in Trinity Park, L.P. v. City of Sunnyvale, No. H035573 (Mar. 24, 2011), the California Court of Appeal (6th District) held that the City's approval of the property owner's residential development, conditioned upon the developer reserving 12...

Echeverria On "Public Takings of Private Contracts"

Posted on March 22, 2011
Vermont lawprof John D. Echeverria has posted Public Takings of Private Contracts on SSRN. From the abstract: This article, part of a larger project analyzing how far public and private contracting arrangements can go in constraining democratic decision-making, examines whether...

Our Bishop Street Fashion Guide

Posted on March 17, 2011
Louise Ing's post on the unique unwritten rules of men's haberdashery in Hawaii's courtrooms and law offices (What Not to Wear - Hawaii Lawyers Edition) on her firm's new blog Hawaii Litigation Blog, got us thinking. She wrote: The sartorial...

New Hawaii Law Blog: AHFI's Hawaii Litigation Blog

Posted on March 16, 2011
Today, I received notice of the public launch of a new Hawaii law blog, Hawaii Litigation Blog. It looks like they have been posting since September of last year, but just went public. The blog is produced by the litigation...

Say What? 7th Circuit: "Takings Clause does not apply when property ... is damaged as the result of the government's exercise of its authority pursuant to some power other than the power of eminent domain."

Posted on March 16, 2011
Sometimes, you have to wonder. In an otherwise well-written opinion, in Johnson v. Manitowoc County, No. 10-2409 (Mar. 19, 2011), the U.S. Court of Appeals for the Seventh Circuit concluded that a Wisconsin property owner who suffered damage to his...

Cert Petition In Guggenheim: Can A Post-Regulation Purchaser Bring A Takings Claim?

Posted on March 14, 2011
Last Friday, the property owners filed this cert petition, which asks the U.S. Supreme Court to review Guggenheim v. City of Goleta, No. 06-56306 (9th Cir., Dec. 22, 2010) (en banc). In that opinion, the Ninth Circuit held that Goleta's...

California Redevelopment Agencies Have No Standards? I'm Shocked, I Tell You, Shocked!

Posted on March 13, 2011
We admit that our reaction to the latest volley in the redevelopment fight in California, the State Controller's report with "Analysis of Administrative, Financial, and Reporting Practices" of 18 selected redevelopment agencies (available here), has been much like that of...

Private Beaches, "Rolling" Easements - Texas Supreme Court To Rehear Severance

Posted on March 11, 2011
On a day that our attention is elsewhere, comes this important notice: the Texas Supreme Court has granted the State's motion for rehearing in Severance v. Patterson, No. 09-0378 (Nov. 5, 2010), the case in which the court held 6-2...

DC Ct App: Final Chapter In The Skyland Condemnations?

Posted on March 08, 2011
The District of Columbia Court of Appeals has issued yet another opinion about the redevelopment taking of Skyland Shopping Center. DeSilva v. District of Columbia, No. 10-CV-1069 (Feb. 24, 2011) is not a compelling opinion, nor even a very interesting...

Cal Ct App: Shopping Center Cannot Allow Labor Protests But Restrict Other Protests

Posted on March 02, 2011
Thousands of years from now, when future archaeologists and historians are reconstructing our civilization from the ruins, it is easy to imagine how they might misinterpret the function of shopping malls. Rather than climate-controlled centralized temples of consumerism, or teen...

What Advantage Do Environmental Plaintiffs Have In The Hawaii Supreme Court? According To UH Lawprof, A 90% Win Rate

Posted on March 01, 2011
At yesterday's debate (video archived here) sponsored by Honolulu Civil Beat, "Knowing the Past, Shaping the Future" about the problems that have arisen in Hawaii in the time since the publication of the book The Price of Paradise 20 years...

Fidell: "Labyrinthine land-use laws suffocating isle economy"

Posted on March 01, 2011
Honolulu attorney Jay Fidell (who also produces Think Tech Hawaii) writes a regular column in the Honolulu Star-Advertiser. This week, he focuses on land use in "Labyrinthine land-use law suffocating isle economy," where he writes: Everyone knows our state, like...

"You Mean After You Call Mike Berger?" Appellate Lawyer Honored By Owners' Counsel

Posted on February 25, 2011
Anyone who is a regular reader of this blog knows Mike Berger. If you don't immediately recognize his name just check the reports of decisions because you certainly know his cases, which include: Tahoe-Sierra Preservation Council v. Tahoe Regional Planning...

Washington S Ct: Eminent Domain May Cause Relocation, But Relocation Benefits Statute Cannot Be Read Together With Eminent Domain Statute

Posted on February 22, 2011
The Washington Supreme Court held that a state statute allowing relocation benefits to property owners displaced by an exercise of eminent domain does not impliedly allow the property owner to recover prejudment interest on the award: This case involves whether...

Interview With The Filmmaker: Michael Galinsky On "Battle of Brooklyn"

Posted on February 19, 2011
Michael Galinsky, Suki Hawley, and David Beilinson, the makers of "Battle of Brooklyn," a documentary about the controversial Atlantic Yards project, screened a rough cut of their film last night at the American Law Institute-American Bar Association's eminent domain law...

Federal Circuit: Water Rights, Once Proven, Are Fifth Amendment "Property"

Posted on February 18, 2011
This just in: the U.S. Court of Appeals for the Federal Circuit has issued an opinion in Klamath Irrigation District v. United States, No. 2007-5115 (Feb. 17, 2010), a case we've been watching. I'm at the ALI-ABA conference on eminent...

Eminent Domain & Property Law Blogs From Today's ALI-ABA Session

Posted on February 18, 2011
At today's ALI-ABA annual conference on eminent domain law in Coral Gables, Florida, Tony Della Pelle (NJ Condemnation Law blog) and I (in a session moderated by Nancy Myrland) presented "The 'Social' Lawyer: New Media Strategies for Marketing Your Eminent...

Texas Supreme Court To Hear Case On "Common Carrier" Status And Private Takings

Posted on February 17, 2011
There are some cases where, after reading the majority and dissenting opinions, you understand that the judges are on the same page but just have a differing view of the law. However, there are opinions where there seems to be...

Preview Of Eminent Domain Doc "Battle of Brooklyn"

Posted on February 15, 2011
The makers of "Battle of Brooklyn," a documentary about the controversial Atlantic Yards project, will present preview screengs of their film later this week at the pcoming American Law Institute-American Bar Association's eminent domain law conference (Eminent Domain and Land...

U.S. Supreme Court To Decide Whether A Councilmember With A Conflict Of Interest Has a First Amendment Right To Vote Anyway

Posted on February 11, 2011
The U.S. Supreme Court has agreed to decide a case about whether state laws which require elected officials to recuse themselves from considering matters on which they appear to have conflicts of interest, impermissibly infringe upon the officials' First Amendment...

Fordham Conference - Taking New York: The Opportunities, Challenges, and Dangers posed by the Use of Eminent Domain in New York (2/22/2011)

Posted on February 10, 2011
Readers: are you planning on attending tomorrow's eminent domain conference at Fordham Law? Details here. The agenda and faculty look very good. Speakers include Associate Justice James Catterson (N.Y. Appellate Division) (who wrote recently, "Unfortunately for the rights of the...

CFC: No Jurisdiction Over Iraqi's Claim That Marines Took His Home During Battle Of Fallujah

Posted on February 10, 2011
Here's an unusual takings case for you, and a decision that is worth reading, if only for its detail about wartime takings and clandestine contracts with the government. Besides, any court opinion that references "Maxwell's Smart's shoe phone" earns a...

There's Still Time To Register And Attend ALI-ABA's Annual Eminent Domain Conferences

Posted on February 09, 2011
There's still time to register to attend either of the upcoming two courses of study, Eminent Domain and Land Valuation Litigation, and the sixth annual presentation of the basic-level Condemnation 101: Making the Complex Simple in Eminent Domain, both at...

Cal Ct App: No Appeal From Stipulated Condemnation Judgment

Posted on February 08, 2011
When is a final judgment in a condemnation case not appealable? When the appellant agreed that the trial cout's order resolved "all claims and issues" in the case and thus it reflected that no one could appeal, that's when. In...

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