Real Estate & Property Law

Land Use Law Round-Up

By Robert Thomas (inversecondemnation.com)

Several interesting land-use law related posts from other law bloggers worth noting:

• The Real Estate and Construction Law Blog posts a detailed summary and analysis of the Save Tara case from the California Supreme Court about development agreements and CEQA that we mentioned here.

• I promised earlier to post a more detailed analysis of the California Court of Appeals case Monks v. City of Rancho Palos Verdes, which held that an indeterminate development moratorium was a taking. The Land Use Law Blog, however, has beaten my to it, as has Law of the Land. Worth reading, both.

• The Williamson County ripeness game never fails to amuse, especially when it involves a governmental defendant attempting to remove a state court regulatory takings claim to federal court based on "arising under" jurisdiction. Property owners are barred from instituting a claim in federal court, but the government can remove a claim on the basis that it could have been filed there in the first place? Strange, but true. Professor Gideon Kanner calls our attention to the latest entry, which has a somewhat rare twist: the judge understood unequal treatment is wrong, and remanded a removed case back to state court. Del-Prairie Stock Farm, Inc. v. County of Walworth, Case No. 07C0932 (572 F. Supp. 2d 1031 (E.D. Wis. 2008). See "The Ripeness Mess Revisited" at Gideon's Trumpet.

Full post as published by inversecondemnation on November 05, 2008 (boomark / email).