Yearly Archives: 2010

This morning the New Jersey Supreme Court issued an unanimous opinion in the inverse condemnation/regulatory takings/adverse possession case Klumpp v. Borough of Avalon, No. A-49-09 (June 22, 2010), for which the New Jersey Law Journal coined the phrase “a bizarre condemnation.”

Below are links to additional blog posts and commentary regarding last week’s Supreme Court decision in Stop the Beach Renourishment v. Florida Department of Environmental Protection, 08-1151.

There has been much chatter and discussion regarding the U.S. Supreme Court Opinion issued June 17, 2010 in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-1151. (See list of links below for much of this chatter.) As many have said, the opinion is “fragmented” with various groupings of Justices agreeing on different parts of the decision, nonetheless all 8 Justices agreed that there was no taking. (Justice Stevens recused himself, presumably he owns oceanfront (now “ocean view”) property in Florida.)

Following last week’s conference, the U.S. Supreme Court this morning issued an order denying certiorari review in City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010) SCOTUS online docket here.

International news agencies have recently reported a story focusing on Yang Youde, a farmer whose property lies on the outskirts of Wuhan city, in central Hubei province, China and his efforts to defend his property from seizure by government-backed developers who want his land. Reuters reports: “His approach is more aggressive than most, but Yang’s problem is a common one.” And, some might argue common not only in Communist China.

The Respondent’s brief in opposition and Petitioner’s reply in support of the Petition for Writ of Certiorari in the Wisconsin eminent domain case, City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010), have been filed with the U.S. Supreme Court. The matter has been distributed and is calendared for conference on June 17, 2010. (SCOTUS Docket No 09-1204.)

The city of Dublin, Ohio had planned to construct a $50 million interchange project at Interstate 33 and Post Road for which a certain amount of property was needed. Dublin went about exercising its power of eminent domain to acquire the necessary private property to build this public project. Although the property owner and City have not yet completed the valuation process to determine just compensation for the taking, the City has paid the owner what it believes to be fair market value for the 3 parcels taken. The City has also taken possession, begun clearing and preparing the approximate 20 acres of land for construction.

Central Radio Company has been fixing communication systems for the Navy for decades, but now Old Dominion University, through the Norfolk Redevelopment Housing Authority (NRHA), wants the property on 39th Street for retail shopping.On Thursday, a Bob Wilson, owner of Central Radio, will begin to fight in court to keep his business.

Attorney Joe Waldo and the Central Radio Vice President Bob Wilson discuss on Fox & Friends how the neighboring university and housing authority have used a 12-year old study to determine that the property at which Central Radio, a defense contractor, currently operates its business is blighted and, therefore, should be redeveloped to spur economic development.

Everyone is talking about President Obama’s announcement that he has nominated Elena Kagan to replace retiring Justice John Paul Stevens on the U.S. Supreme Court. Likewise, everyone is talking about Ms. Kagan – her credentials, her experience, and her philosophies (or, at least the lack of knowledge of her personal views and philosophies).