Category Archives: inverse condemnation

Lege Trend. Attorney Fee Awards Green Light with interesting exception.

State: Michigan

Bill language from Michigan: 

 SEC. 6. IF A COURT DETERMINES THAT GOVERNMENT ACTION BY A DEPARTMENT OR AGENCY RESULTED IN A CONSTITUTIONAL TAKING OF PRIVATE REAL PROPERTY AND THAT THE DEPARTMENT OR AGENCY DID NOT COMPLY WITH SECTION 4 IN REGARD TO THE REAL PROPERTY, THE COURT SHALL ORDER THE DEPARTMENT OR AGENCY TO PAY THE PRIVATE REAL PROPERTY OWNER FOR HIS OR HER REASONABLE ATTORNEY FEES AND COSTS. THIS SECTION DOES NOT APPLY IF THE GOVERNMENT ACTION WAS AN IMMEDIATE…

2 Ways Austin's tree Ordinance violates Private Property Rights. +1 Solution

TPPF lays out 2 ways by which Austin’s heritage tree ordinance violates private property rights:

  • Tree ordinances are effectively seizing private proeprty without compensation
  • Control over natural resources dates back to the origin of private property rights

The legislative solution:  explicit statutory authority “that landowners own all the trees and timber on their land while also prohibiting a governmental entity from creating these kinds of regulations”

Statesman | Commentary: Austin tree…

INTERIM Committee Report. Land & Resource Management. 4 Recommendations.

Land and Resource Management Interim Committee Report for 2016 makes these recommendations:

  • Excessive and abuse local regulations should be addressed by targeted local bills. (pg. 66)
  • ” A public notice to unincorporated areas of its boundary lines changing due to annexation or ETJ expanding. ” (pg. 71)
  • ” Reconsider annexation reform which will balance the powers between private property owners and municipalities. ” (pg. 71)
  • “Reconsider eminent domain reform to ensure fair compensation…

Private Property Rights. Inverse Condemnation for the Birds.

How was Florida land effecively taken by regulation? By first limiting development to 1 house per acre, then 1 house per 10 acres, and finally by designating the land a bird rookery. 

What’s happening with the land now?

  • Heirs to the original land owners continue the legal battle
  • The Florida Supreme Court could rule next
  • Legal foundation attorneys representing the landwoners vow to fight to the U.S. Supreme Court

Florida Watchdog | Family asks Florida high court to lift bird ban on…

NFIB makes 3 points on compensating business losses

  • It doesn’t matter if the condemning entity only wanted the land and not the business
  • A legal obligation exists to pay “full and perfect equivalent” of what is taken
  • This legal obligation includes when a business is taken

What legal case is involved? South LaFourche Levee District v. Chad M. Jarreau

Tell me what happened? 

  • A Levee District found land to be susceptible to storm surges and flooding
  • The district imposed easement restrictions 
  • The easement restrictions prohibit the…

U.S. Supreme Court to take up Eminent Domain Compensation this Term.

The case: Murr v. Wisconsin

The Compensation issue: Can compensation under eminent domain be impacted by a regulation. In the case, a regulation leads to the devaluation of contiguous property because it is owned by the same land owner.

9 States have taken the side of the property owner:  Nevada, Alaska, Arizona, Arkansas, Kansas, Oklahoma, South Carolina, West Virginia, and Wyoming

9 Other states have taken the side of Wisconsin: California, Hawaii, Illinois, Massachusettes, Maine,…

Legal Trend at SCOTUS: Regulatory Takings. 3 Key Informed Intel.

What case before the U.S. Supreme Court is about regulatory takings? Murr v. Wisconsin, No. 15-214

What happened to the property owner to spark this lawsuit?

  • Property owners owned 2 adjacent, but separate, 1 acre lots
  • A County Ordinance prohibits the sale or development of adjacent lots, if 1 lot is less than an acre
  • The Property Owners said it prevented them from enjoying and using their land, and prohibited the sale of 1 of the acres
  • The Court said, we have to consider both lots as…

National Editorial Opposes Dallas Use of Eminent Domain. 4 Bits Informed Intel.

Which publication took the side of a small business owner in an eminent domain situation in Dallas? Wall Street Journal

What is the Dallas eminent domain issue?  Dallas wants to acquire a local auto repair shop to create a gateway to its arts district

How is Dallas acquiring this property? Some say that Dallas zoning ordinances are being amended to prohibit the operation of the auto body shop. 

What did the editorial say about Dallas’ zoning law changes that caused businesses to…

Legal Trend: The US Supreme Court Refuses 2 Eminent Domain Cases. What does that mean?

California Building Industry Association v. City of San Jose

  • Keeps in place the California Supreme Court ruling that an affordable housing ordinance is not a taking of a developer’s proeprty
  • It applies to developments of 20 more more units and requires 15% to be affordable

Beacon Resources Inc. v. W. Virginia DOT

  • A fight over the value of mineral rights. The state wants coal land. The satte wanted to ensure lost profits were not included. The court refused.
  • The case has been remanded…