Takings
U.S. Supreme Court: California's Impact Fees May Violate Takings Clause
A California property owner took El Dorado County to state court after paying a traffic impact fee he felt was exorbitant. He lost in trial court, appellate court, and the California Supreme Court denied review. Then the U.S. Supreme Court acted.
The ‘Necessity of Oil and Gas Drilling’
The California Supreme Court on Aug. 3 unanimously overturned a successful 2016 Monterey County ballot measure that banned new oil and gas drilling. According to plaintiff Chevron USA, the justices recognized the ‘necessity of oil and gas drilling.’
What Is Rent Control?
Rent control, also known as rent stabilization, is a controversial policy tool used by the government to limit rent increases by landlords.
Court Ruling: Eminent Domain Valuation Must Consider Potential Rezoning
Details provided regarding the Virginia Supreme Court ruling in Helmick Family Farm, LLC v. Commissioner of Highways.
Dakota Access Pipeline Owners Win Eminent Domain Appeal in Iowa Supreme Court
The Iowa Supreme Court affirmed a lower court ruling that found that the Iowa Utilities Board was justified in giving the private owners of the Dakota Access Pipeline the use of eminent domain. Climate change was considered in the ruling.
Oil and Gas Drilling Issues Loom Large in Colorado on Election Day
Unlike prior initiatives that sought drilling bans, Prop. 112 would greatly increase setbacks from buildings to such an extent that it could doom much of the industry. A competing initiative would make the change a "taking" and require compensation.
Value Capture Replaces Congestion Pricing as Governor Cuomo's Subway Funding Fix
Gov. Andrew Cuomo (D-N.Y.) appears to be backing away from a controversial plan to toll midtown Manhattan but shows no reservations about embracing land value capture, which some regard as a "taking" by taxing land proximate to subway stations.
One of the Most Important Energy Measure on the Ballot on Tuesday
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.
Justice Scalia and the Takings Clause
Summarizes Justice Scalia's most important Takings Clause decisions.
New Takings Case Argued Before the Supreme Court
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.
Supreme Court Decides Against Private Property Owners
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.
WalMart Purchase Thwarted, Family Sues City of Rezoning - And Wins
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.
New London, Four Years After Kelo
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.
Developer Sues Planners
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.
Is River Setback "An Illegal Taking"?
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.
Property Owners Spooked By Eminent Domain Letter
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.
Why Kelo is not a blank check
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.
'Takings' Case Challenges Govt. Rights Over Federal Lands
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.
Eminent Domain Used to Save Summer Camp
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.
Libertarians v. Planners - Round II
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.
City of Costa Mesa
Licking County
Barrett Planning Group LLC
HUD's Office of Policy Development and Research
Mpact Transit + Community
HUD's Office of Policy Development and Research
City of Universal City TX
ULI Northwest Arkansas
Town of Zionsville
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
