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 and remains unfinalized on compensation for the minerals.

Lexology | U.S. Supreme Court Steers Clear of Two Eminent Domain Cases