Restrictive Covenant in NY Zoning Approval Presents Prima Facie Case of Regulatory Taking
As reported by our Owners Counsel colleague, Mike Rikon, the New York Appellate Division reversed a Supreme Court ruling that had dismissed a regulatory takings claims in Blue Is. Dev., LLC v Town of Hempstead, 2015 N.Y. App. Div. LEXIS 6363, 2015 NY Slip Op 06488 (N.Y. App. Div. 2d Dep’t Aug. 12, 2015). The property...
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Underwater Mortgages – At the Bottom of the Sea?
Here is an excellent recent article on the propriety of attempting to use eminent domain to “take” underwater mortgages in various places around the country. Entitled “Eminent Domain for Underwater Mortgages: Already on the Way to the Bottom of the Sea of Bad Ideas” , our Owners Counsel of America colleague Dwight Merriam summarizes what’s wrong with...
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Horne v. Dept. of Agriculture: Private Property Rights Trump Government's Raisin Reserve
The U.S. Supreme Court (“SCOTUS”) recently delivered its decision in Horne v. Dept. of Agriculture on the issue of the reserve requirement for raisins under the Agricultural Marketing Agreement Act of 1937 (“AMA”). Our fellow Owners Counsel colleagues from New York and California, Michael Rikon and Robert Thomas, have kept a close watch on the...
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Just Compensation Affirmed for a "Lost Tree" in Florida
The Federal Circuit of Appeals issued its opinion in Lost Tree Village Corp. v. United States, a regulatory takings case, on June 1, 2015. Our Owners’ Counsel colleague Robert Thomas beat us to the punch (of course), and provided an excellent case synopsis in his Inverse Condemnation blog, available here. In brief, the Court of Claims...
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North Carolina Court Finds "Map Act" Filing Equates to a "Taking"
Under North Carolina statute, once the department of transportation files a map depicting a future taking, “no building permit shall be issued for any building or structure or part thereof located within the transportation corridor, nor shall approval of a subdivision . . . be granted with respect to property within the transportation corridor.” N.C. Gen. Stat. § 136-44.51(a)....
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Ramsey v. Commissioner of Highways: Is there a Santa Claus in Virginia?
Coming to you from Virginia – care of our Owner’s Counsel colleague Robert Thomas – is the case of Ramsey v. Commissioner of Highways, which involves Virginia DOT’s attempt to change its valuation position at trial. Thomas’ Blog entry here. In a nutshell, DOT offered the owner $246,292 before trial (based on an appraisal prepared by...
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City of Pasadena Potentially Liable for Property Damage Caused by Its Trees
On August 14, 2014, the Second Appellate District Court of Appeal of California issued its landmark decision in City of Pasadena v. Superior Court of Califorina (Docket BC491467). The case arose out of a windstorm that occurred in November 2011. A City owned tree fell and damaged a residence insured by Mercury Casualty Company, which paid $293,000...
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You Gotta Be In it To Win It: Kentucky Court Stops Pipeline Taking
A Kentucky court recently stopped a utility company from utilizing eminent domain to build an underground gas pipeline to transport natural gas liquids through the Commonwealth. The case, Kentuckians United to Restrain Eminent Domain, Inc. v. Bluegrass Pipeline Company, LLC (Civil Action No. 13-CI-1492), involved the challenge by plaintiff, a non-profit agency formed for the purpose of...
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Happy Trails – Property Owner Wins Before USSCT
On March 10, 2014, the United States Supreme Court issued its almost unanimous (8-1) decision in Brandt Revocable Trust v United States. The question presented is detailed in our prior blog here, but simply stated, the government argued that it owned the ground underneath an abandoned railroad right-of-way that permitted it to continue the Medicine Bow...
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New Jersey Dipping Its Toes Into Underwater Mortgage Pool?
This week, two separate New Jersey related stories surfaced regarding the potential use of eminent domain to seize “underwater” mortgages. First, the city of Newark has indicated that it will begin researching the viability of a plan to condemn troubled mortgages in an effort to allow struggling homeowners to stay in their homes. Newark is...
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