Takings

November 6, 2016, 11am PST
While billed as an "anti-fracking initiative," Measure Z in Monterey County, the 4th-largest oil-producing county in California, does far more. It bans new oil drilling and requires the cleaning of wastewater from current drilling operations.
KSBW
Blog post
February 18, 2016, 7am PST
Summarizes Justice Scalia's most important Takings Clause decisions.
Michael Lewyn
January 24, 2013, 2pm PST
William Fulton examines the likely outcome of a takings case that went before the U.S. Supreme Court last week. Oral arguments seemed to indicate the justices were leaning towards a surprising outcome.
California Planning & Development Report
June 18, 2010, 9am PDT
The Supreme Court ruled for state power and against landowners in a landmark decision that will allow a beach-widening project to go forward without compensation.
The Washington Post
March 17, 2010, 10am PDT
WalMart made an offer to purchase a plot from a family in Frankenmuth, Michigan, but withdrew the offer when the City Council rezoned the land for a limited building size. The family sued, and a federal judge awarded them $3.6 million.
The Saginaw News
November 13, 2009, 2pm PST
The 2005 Supreme Court decision on Kelo v. New London was a landmark in eminent domain law, paving the way for Pfizer to develop there. Four years later, Pfizer is pulling up stakes.
The Hartford Courant
July 4, 2009, 11am PDT
Terrapin Run LLC proposed a 4,300 home development in Allegheny County. Local officials decided that the project was not in keeping with environmental or smart growth objectives for the area, and the developer answered with a lawsuit.
Baltimore Sun
June 22, 2009, 11am PDT
Philadelphia's City Council has approved two new measures that would preserve historic buildings along the Delaware River and require 100 ft. green setbacks. Some developers are protesting the ruling, saying it amounts to an illegal taking.
Philadelphia Inquirer
July 28, 2008, 11am PDT
<p>1,300 property owners in Camden, New Jersey whose homes are in a new redevelopment zone were sent letters explaining eminent domain, but the city says it has no intention of taking their homes.</p>
The Philadelphia Inquirer
Blog post
July 4, 2008, 12pm PDT
Last week marked the third anniversary of the Supreme Court’s ruling in Kelo v. New London. The first time I read Kelo, I thought what many Americans probably thought: that any government could seize property for any reason, so long as it compensated prior owners.

But after having taught Kelo to law students several times over the past few years, I now realize that Kelo is much more complex. Kelo was a 5-4 decision, and Justice Anthony Kennedy wrote a separate concurrence. Because Justice Kennedy was the “swing vote”, his decision predicts future Court decisionmaking more accurately than the Court’s primary opinion, because a taking which fails to satisfy Kennedy might not be able to get five votes in the Supreme Court.
Michael Lewyn
June 12, 2008, 2pm PDT
<p>A case over land rights in the West going back decades has been awarded to the estate of a deceased property rights activist, who contended that the Forest Service deprived his ranch of water.</p>
Yahoo News
May 28, 2008, 8am PDT
<p>Representatives in North Providence, RI are attempting to save a site used for a camp for inner-city youth from developers, and may resort to using eminent domain to do so.</p>
www.redorbit.com
Blog post
November 18, 2007, 7pm PST

Last year California was one of the states targeted by libertarians in the post-Kelo environment for an initiative that, if successful, would essentially outlaw takings. The country is still at near-fever pitch about eminent domain, but the really scary aspect of the legislation (modeled on Oregon's Prop 37) was that it would have virtually tied local governments' hands with regard to regulatory takings as well. In California Proposition 90 failed to pass after the New York developer who was financing the campaign stopped funding it. However, the Yes campaign had created some strange bedfellows, with poor African-Americans in particular advocating Yes votes as a way to end the destruction of their neighborhoods through badly managed redevelopment initiatives.

Lisa Feldstein