Tags » Regulatory Takings

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  353 more words

Eminent Domain

Floodplain Regulation Not a Taking in South Carolina

Yesterday the South Carolina Supreme Court produced an important ruling in a regulatory takings case involving floodplain management.  In Columbia Venture, LLC v. Richland County… 654 more words

Regulatory Takings

UT Appeals Court Affirms City Board of Adjustment's Denial of Property Owners' Application for a Nonconforming Use was Not Arbitrary, Capricious, or Illegal

David and Ruth M. Fuller appealed from the district court’s orders granting summary judgment in favor of Springville City and dismissing the Fullers’ claims. The Fullers’ property was situated in an area of Springville City zoned solely for single-family use. 340 more words

Current Caselaw

Raisins, personal property, and just compensation

So, as posted earlier, this the morning US Supreme Court handed down a fascinating takings decision in Horne v. Department of Agriculture. I think as both Logan and I work through the decision, we’ll do a series of posts. 1,256 more words

Property

California Supreme Court Upholds Inclusionary Housing

Earlier this week the California Supreme Court issued a major takings decision rejecting a suit by the California Building Industry Association (“CBIA”) seeking invalidation of the City of San Jose’s inclusionary housing ordinance. 661 more words

Regulatory Takings

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… 336 more words

Eminent Domain

Lost Tree Redux: How Do We Measure Economic Impact?

In Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), the Supreme Court famously announced that when, as in that case, the trial court found that a regulation rendered the property “valueless,” the owner could assert a… 1,190 more words

Regulatory Takings