Case Notes

United States

Stop the Beach Renourishment v. Florida Department of Environmental Protection

The Supreme Court unanimously affirmed that Florida's Beach and Shore Preservation Act is not an unconstitutional taking.

Alabama

Bevelle v. Jefferson County, Alabama

Bankruptcy Law

California

Guggenheim v. City of Goleta

The court of appeals reasoned that "whatever unfairness to the mobile home park owner might have been imposed by rent control, it was imposed long ago, on someone earlier in the Guggenheims' chain of title."

The League of Residential Neighborhood Advocates v. City of Los Angeles

RLIUPA/Zoning and Conditional Use Permits

Casitas Municipal Water Dist. v. U.S.

Water Rights/Regulatory Taking

Paiute-Shoshone Indians v. City of Los Angeles

Native American Land Rights/Ejectment

MHC Financing Ltd Partnership v. City of San Rafael

Inverse Condemantion/Regulatory Taking

Pacific Gas & Electric Co. v. United States

Hazardous Waste Storage

Independence Park Apartments v. United States

Calculation of Damages, Regulatory/Legislative Taking

Delaware

United States v. Donovan

Inverse Condemnation/Regulatory Taking

Florida

Rita Friedman, et al. v. South Florida Water Management District, et al.

The trial court found that the plaintiffs' inverse-condemnation claims were unripe and that the plaintiffs failed to exhaust their administrative remedies.

DeMarco Durzo Dev. Co. v. United States

Landlord-tenant

Hawaii

Matsuda v. City and County of Honolulu

Eminent Domain, Contracts Clause, and Substantive Due Process

City & County of Honolulu v. Sherman

Eminent Domain, Land Reform, and RLUIPA

Idaho

Crown Point Development, Inc. v. City of Sun Valley

Takings/Due Process

Illinois

Limestone Development Corp. v. Village of Lemont

Inverse Condemnation/RICO

Indiana

CCA Associates v. United States

Inverse Condemnation/Statutory Taking

Kansas

Barclay v. United States

National Trail Systems Act (16 U.S.C. § 1247(d))

Louisiana

Northwest Louisiana Fish and Game Preserve Commission v. United States

Water and Access Rights

Maryland

Mayor and City Council of Baltimore City v. George Valsamaki, et al.

Eminent Domain

Michigan

UPDATED: Banks v. United States

Shoreline Erosion/Accrual of a Gradual Taking

Minnesota

Dakota, Minnesota & Eastern Railroad Corp. v. Rounds

Railroad Right-of-way

Mississippi

Sycamore Bank v. United States

Effect of Eminent Domain on Foreclosure Sale

Missouri

St. Charles County v. Laclede Gas Co.

The Missouri Supreme Court reaffirmed a long-standing principle that an easement, like other forms of private property, can be taken only upon payment of just compensation.

Clay County Realty Co. v. City of Gladstone

Pre-Condemnation Damages

Reagan v. County of St. Louis

Inverse Condemnation/Rezoning

State of Missouri v. Muslet

Apportionment of Condemnation Award/Easement Owner

Chouteau Development Co., LLC v. Sinclair Marketing, Inc.

Underground Storage Tanks

Zoltek Corp. v. United States

Patent Rights

Montana

McFarland v. Kempthorne

Private Right to Use Federal Land/Easement/Special Use Permit

Nebraska

Walter C. Diers Partnership v. State Department of Roads

Nebraska Court Approves Deviation from Valuing the Property as a Single Unit

City of Lincoln v. Lincoln Lumber Co.

Railroad Right-of-way

Omaha Public Power Dist. v. United States

Hazardous Waste Storage

Nevada

Colvin Cattle Company, Inc. v. United States

Grazing Rights/Regulatory Taking Claim

New York

Cine SK8, Inc. v. Town of Henrietta

Substantive Due Process, Equal Protection in Zoning Case

Goldstein v. Pataki

Eminent Domain in Aid of Private Development/Abstention Doctrine

Faith Temple Church v. Town of Brighton

Religious Land Use and Institutionalized Persons Act (“RLIUPA”)

North Carolina

MLC Auto., LLC v. Town of S. Pines

Rezoning/Abstention Doctrine

Ohio

State ex rel. Gilbert v. City of Cincinnati

The property owner filed suit for a writ of mandamus to compel the city to commence an eminent-domain proceeding after the 79th sewage overflow in 10 years.