Searching Content indexed under Land Law & Agriculture by Matthew Hinks ordered by Published Date Descending.
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Developers' Rights Alert: California Property Owner Prevails In Significant Regulatory Takings Case
Chief Justice John Roberts recently observed during oral argument on the Supreme Court's latest foray into the field of regulatory takings that the government does not lose a Penn Central case very often.
United States
17 Jun 2013
Property Owner Prevails On Appeal In Eminent Domain Case After Trial Court Erroneously Excludes Expert's Appraisal Opinion
Evidence of just compensation to be awarded in an eminent domain action is all but invariably put on through expert opinion.
United States
14 Jan 2013
Turn Out The Lights: New Court Of Appeal Opinion Invalidates Settlement Agreement Allowing For Digital Conversion Of Billboards
For those of us involved or merely interested in the seemingly endless spate of sign-related litigation, the Court of Appeal's opinion in Summit Media LLC v. City of Los Angeles has been long anticipated.
United States
21 Dec 2012
New Eminent Domain Opinion From California Court Of Appeal Holds That Business Owner Is Not Entitled To Jury Determination Of Lost Goodwill Until Trial Judge Makes Preliminary Determination Of Existence Of Business Goodwill
In a question of first impression, the California Court of Appeal has held in, "People ex rel. Department of Transportation v. Dry Canyon Enters., LLC", that "a business owner is entitled to a jury trial on the amount of goodwill lost by a taking only if he or she first establishes, as a threshold matter, that the business had goodwill to lose."
United States
14 Dec 2012
New Court Of Appeal Opinion Concerning Sign Rights Highlights Need For Diligence On The Part Of Billboard Companies
The billboard wars rage on. In the latest battle, the court in West Washington Properties, LLC v. California Department of Transportation narrowly interpreted a provision of the Outdoor Advertising Act ("OAA".
United States
26 Nov 2012
New Ninth Circuit Opinion Finds Regulatory Takings Claim Fails Where Economic Impact Of Manufactured Home Park Zoning Ordinances Was Minimal
Citing increasing closures of manufactured home parks, the City of Tumwater in the State of Washington enacted two ordinances and amended its Comprehensive Plan and Zoning Map in an effort to preserve the parks.
United States
9 Nov 2012
Eminent Domain And Inverse Condemnation: Court Of Federal Claims Opinions Recognize Limits To Right Of Compensation For Less Than Permanent Takings
The Takings Clause of the Fifth Amendment to the United States Constitution provides that "private property [shall not] be taken for public use, without just compensation."
United States
3 Sep 2012
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