Posts Tagged ‘eminent domain’

Baltimore moves to seize Preakness Stakes race

Baltimore mayor Catherine Pugh has filed suit seeking to seize the famed Preakness Stakes race — trademarks, business deals, and all — through eminent domain. I’ve got a few things to say about that in Monday’s Wall Street Journal. Ilya Somin at Volokh Conspiracy has an analysis that quotes my piece.

For those just catching up with the underlying story, Pamela Wood covers it at the Baltimore Sun/Capital Gazette as does Robert H. Thomas at Inverse Condemnation. See also my 2014 Cato take on an earlier episode in Maryland’s history of “smash and grab” eminent domain methods.

Environment roundup

  • “Everything would be all renewable all the time if we could just pass the right laws.” The wishful underpinnings of the Green New Deal [Cato Daily Podcast with Caleb Brown and Regulation Magazine editor Peter Van Doren]
  • “The U.S. rail system is optimized for freight, vs. European and Japanese systems that are optimized for passengers (it is hard to do both well with the same network). The U.S. situation is actually better, much better, for energy conservation.” [Coyote]
  • Federalist Society discussions of climate litigation based on public nuisance theories: National Lawyers Convention panel with David Bookbinder, Eric Grant, James Huffman, Mark W. Smith, moderated by Hon. John K. Bush; “Originally Speaking” written debate with John Baker, Richard Faulk, Dan Lungren, Donald Kochan, Pat Parenteau, David Bookbinder; Boston Lawyers Chapter panel on municipal litigation with Steven Ferrey, Phil Goldberg, Donald Kochan, James R. May, Kenneth Reich] Climate nuisance suits have met with an unfriendly reception in American courts and there is no good rationale for filing copycat claims in Canada [Stewart Muir, Resource Works]
  • “Public Universities Exploit Eminent Domain Powers with Little Oversight” [Chris West, Martin Center]
  • Many pro-market reforms would reduce the risks to life and property from natural disasters, climate-related and otherwise [Chris Edwards, Cato]
  • “On patrol with the enforcer of DC’s plastic-straw ban” [Fenit Nirappil/AP via Peter Bonilla (“Welcome to the worst ride along ever”)]

Amash bill: make feds pay when they take border land

The Eminent Domain Just Compensation Act, introduced by Rep. Justin Amash (R-Mich.), would require the feds to pay at the time of taking, rather than long afterward, when taking land by eminent domain for the proposed border wall. “It is unjust for the government to seize someone’s property with a lowball offer and then put the burden on them to fight for what they’re still owed,” Rep. Amash said in a statement. “My bill will stop this practice by requiring that a property’s fair value be finalized before DHS takes ownership.” While the bill applies only to the Homeland Security Department, its principles could presumably be generalized through further legislation. [David Bier, Cato] Related: Ilya Somin, and earlier here and here.

Property law roundup

  • Playlist: songs about eminent domain and takings, property law and the road [Robert H. Thomas, Inverse Condemnation]
  • In-depth look into problems that develop when title to land is held as “heirs’ property,” leaving a dangerous collective tangle in place of individual right and duty [David Slade and Angie Jackson, Post and Courier (Charleston, S.C.)]
  • Dispute over remains of two dinosaurs locked in combat 66 million years ago, lately unearthed in Garfield County, Mont. and extremely valuable, hinges on whether their fossils are “minerals”; Ninth Circuit says they are under Montana law [AP via Molly Brady (“property professor dream hypo”), Murray v. BEJ Minerals]
  • “Government Should Compensate Property Owners for Flood Damage It Facilitated” [Ilya Shapiro and Patrick Moran on Cato amicus petition for certiorari in St. Bernard Parish v. United States] “Texas Court Rules Deliberate Flooding of Private Property by State Government in Wake of Hurricane Harvey can be a Taking” [Ilya Somin]
  • Constituent-group politics continues to shape use of federal lands, to the detriment of its economic value [Gary Libecap, Regulation and related working paper]
  • Caution, satire: Facebook parody of super-intrusive, restrictive, and meddlesome HOA [East Mountain West View Home Owners Association]

Environment roundup

Environment roundup

Will Florida takings injustice tempt SCOTUS?

Simone and Lyder Johnson say they

were drawn to Ponce Inlet, Florida, where they bought land and made plans to construct their dream home. Sensing that the town may be able to benefit, Ponce Inlet persuaded the Johnsons to expand their plans into “a delightful mixed-use waterfront development.”

Over several years, the Johnsons bought additional parcels while working hand-in-hand with the town. They were amenable to providing everything the town asked for, like a nature preserve and boat slip. After millions of dollars were spent, the town changed its mind, halted all work, denied permits, and went so far as to pass legislation prohibiting all development on the Johnsons’ property.

Under current regulatory takings law, government is hardly ever required to pay compensation when it forbids the use of land. Is the injustice in this case extreme enough to tempt SCOTUS to revisit the issue? [Ilya Shapiro, Trevor Burrus, and Meggan DeWitt on Cato certiorari brief in Pacetta v. Ponce Inlet]

And a reminder to mark your calendar: Cato’s 17th annual Constitution Day is coming up Monday, September 17. Details and registration here.

Environment roundup

  • “San Francisco Bans Straws, Cocktail Swords” [Christian Britschgi; more (funny memes proliferate)]
  • Sharper distinction between legal treatment of “threatened” and “endangered” species would help species recovery efforts and line up with Congress’s intent [Jonathan Wood, PERC Reports]
  • “It’s really interesting to me that the conversation around vegetarianism and the environment is so strongly centered on an assumption that every place in the world is on the limited land/surplus water plan.” [Sarah Taber Twitter thread]
  • New podcast from Cato’s Libertarianism.org on eminent domain and civil forfeiture, with Tess Terrible and Trevor Burrus. More/background at Cato Daily Podcast;
  • “OMG cellphone cancer coverup” piece in Guardian’s Observer “strewn with rudimentary errors and dubious inferences” [David Robert Grimes; David Gorski, Science-Based Medicine corrects piece by same authors, Mark Hertsgaard and Mark Dowie, that ran in The Nation]
  • Oh, that pro bono: despite talk of donated time, trial lawyers stand to gain 20% of proceeds should Boulder climate suit reach payday [John O’Brien, Legal NewsLine, earlier]

Revisiting Williamson County Regional Planning Commission v. Hamilton Bank

The plight of a Pennsylvania property owner faced with an onerous new ordinance on private graveyards gives the Supreme Court a chance to revisit and revise a 30-year-old decision that requires the targets of takings to go through state court litigation first before suing in federal court for compensation [Ilya Shapiro, Trevor Burrus, and Meggan DeWitt on Cato merits amicus in Knick v. Township of Scott, which follows a cert amicus earlier] More: Ilya Somin.