In Building Industry Ass'n of Central California v. City of Patterson , No. F054785 (Cal. Ct. App. Mar. 2, 2009), the California District Court of Appeal held that the city could not increase an in-lieu affordable housing exaction from $734 to $21,000 per house, because it failed to show the inc...

Here are the links to the cases that I spoke about in my session in today's seminar "Supreme Court, Regulatory Takings and Eminent Domain Update. Not all of the cases we discussed today are included below, so if you would like a link or more information about a case that we discussed but th...

Following up on this post, where we pointed out several errors in a headline and subheadline in a Honolulu Star-Bulletin story on the Hawaii Supreme Court's landmark eminent domain decision in County of Hawaii v. C & J Coupe Family Limited Partnership , No. 28882 (Dec. 24, 2008), the Star-Bu...

Thanks to Alan Ackerman for alerting us to the latest horrible development in the eminent domain cases out of Freeport, Texas.  Recall that in Western Seafood Co. v. United States , No 04-41196 (5th Cir., Oct. 11, 2006), the court held that a private-to-private transfer for economic developmen...

"If you can fight blight, why not create beauty?  If not beauty, why not bounty?" With that phrase, author Carla T. Main, in Bulldozed: "Kelo," Eminent Domain, and the American Lust for Land , accurately and succinctly sums up the devolution of the Supreme Court's view of th...