Municipal & Local Govt law

Subscribe to Municipal & Local Govt law via RSS

Drone technology — those pesky little flying machines that invade your privacy — has opened up a new dimension that previously was available only to real-life pilots and those with airplanes or helicopters. 

As with most new things, there’s bound to be rules, even if those rules may be playing catch-up to reality. On Monday, March 13, 2017 (12:30pm ET), a American Planning Association Planning and Law Division webinar aims to answer the questions you might have about how the ability to easily view ourselves and our property from low-altitude orbit is being dealt with by the law:

The educational objective of this course is to discuss the implications of emerging drone technology on city and town planning. Featuring specialists in the fields of law, urban design, and policymaking, this webinar will examine federal and local legislation pertaining to unmanned aerial vehicles (UAVs). Drone operations raise several concerns for the…

Continue Reading Upcoming Webinar – Drone Technology: Implications on Policymaking and Design of the Built Environment

The Sixth Circuit’s majority opinion in Wayside Church v. Van Buren County, No. 15-2463 (Feb. 10, 2017) isn’t all that exciting — after all, it was a takings case brought in federal court, and you know what that means: Williamson County — but do give it a read. The facts are somewhat unusual, even if the court’s ultimate conclusion is not.

It involved the intricacies of Michigan’s General Property Tax Act, a statute which allows municipalities to the foreclose on properties that are delinquent in paying property taxes. The municipalities are allowed to auction off the properties and keep the money, even if the auction proceeds exceed the delinquent taxes. That’s what happened here.

Wayside didn’t pay its property taxes, the County foreclosed, obtained fee simple title, and auctioned the property. The sales price of $206,000 exceeded the minimum bid price, which had been calculated by adding up the back…

Continue Reading 6th Circuit: Michigan Statute Allows Recovery Of Money, So Takings Claim Not Ripe For Federal Court

Here’s an article, recently published by the Urban Lawyer (the law review produced by our ABA section, the Section of State and Local Government Law), with our take on the most interesting and important eminent domain and takings rulings from the past year. 

Many of the cases discussed will be familiar to regular readers, but here it is in one place, and in print. 

Recent Developments in Eminent Domain, 48 Urb. Lawyer 939 (2016)

Related articles
New Article: “Eminent Domain in The Aftermath of Hurricane Katrina”
New Law Review Article Worth Reading: “Through a Glass Clearly: Predicting the Future in Land Use Takings Law”

Continue Reading New Article: Recent Developments In Eminent Domain

This year, the University of Hawaii Law Review is devoting one of its issues to a symposium on issues related to the sharing economy. 

On Friday, February 17, 2017, the law review is sponsoring a series of presentations from 9:00 am – 4:30 pm at the law school (lunch included if you RSVP ahead of time), followed by a reception in downtown Honolulu.

Presenters include national experts such as Professor Stephen Miller (who is also the founding Chair of the ABA State and Local Government Law Section’s Sharing Economy Committee), Christina Sandefur of the Goldwater Institute, local players such as Michael Formby, the Director of Transportation Services for the City and County of Honolulu and Greg Kugle of my law firm, and industry insiders such as Timothy Burr Jr., Senior Public Policy Manager for Lyft. 

The day will see presentations on Housing, Transportation, and Discrimination, as…

Continue Reading U. Hawaii Law Review Sharing Economy Symposium (Feb. 17, 2017)

20151204_140514

We’ve spent a good portion of the last two weeks at conferences discussing the regulatory takings case now pending at the U.S. Supreme Court, Murr v. Wisconsin, No. 15-214.

The biggest question most had was why the Court had not scheduled oral arguments. There was a lot of speculation and gossip about the Chief Justice perhaps holding off on OA because the Court was one Justice short. Recall that cert was granted, but shortly thereafter Justice Scalia died, leading to speculation that there was not a clear five-Justice consensus for how to analyze the issues on the eight-Justice Court. But no concrete answers.  

Well, maybe they heard all the chatter over at 1 First Street NE, because on Friday, the Court issued this argument calendar, and lo and behold, look what’s on calendar for Monday, March 20, 2017.

The questions remain unanswered: Will the Court have …

Continue Reading Supreme Court (Finally) Sets Arguments In Reg Takings Denominator Case (Murr v. Wisconsin)

IMG_20170126_133958

Here are the links and references to the cases we spoke about today at our opening session on the national trends in eminent domain law at the 2017 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in San Diego. 

We again have a record attendance, and a good number of new attendees. If you aren’t here now, we’re sorry you didn’t make it. But fear not: ALI-CLE has already set the date and location for the 2018 Conference: save the date on your calendars now — January 25-27, 2018, Charleston, South Carolina, at the Francis Marion Hotel. 

…
Continue Reading Day 1, 2017 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, San Diego

HSBA 2017 Land Use Conference

To supplement your written materials for the 2017 Hawaii Land Use Conference, here are the decisions and other materials which we spoke about this morning at the 2017 Hawaii Land Use Conference:  

…
Continue Reading Notes And Links From Today’s Hawaii Land Use Conference Session On Reg Takings

LittlePinkHouse

“Little Pink House,” the movie based on Jeff Benedict’s 2009 book, Little Pink House: A True Story of Defiance and Courage, about the backstory to Kelo v. City of New London, 545 U.S. 469 (2005), will soon be in theaters. 

We know about the legal issues the case presented, but the book and the film center more around the human story. About this time last year, we spoke to Ted Balaker, one of the film’s producers, who gave us an inside look at the film (which was still being edited). Ever since, we’ve been eagerly anticipating the feature, which has some familiar faces in key roles. The film stars Catherine Keener (Capote) as Susette Kelo and Jeanne Tripplehorn (The Firm, Basic Instinct) as the head of the New London Redevelopment agency.

The movie will have its world premiere at the…

Continue Reading Little Pink House Movie Premiering

A question for those of you who do a lot of straight condemnation work: do you drive roads and highways with a slightly different outlook than the rest of the motoring public, especially on those roads where you represented a property owner defending against eminent domain? While others see signs and intersections and the like, is your focus instead on your owners’ (former) property, the construction easements, the appraisals, and the issues you argued in the taking case?

Call us weird, but that’s how we drive “our” roads.

Recently, we had that old deja vu because we were in the neighborhood of a road in which we represented two of the condemned. The courthouse in Kona on the Big Island is a stone’s throw from a County of Hawaii road project, only recently completed, that was one of our mostly hotly contested eminent domain cases, one that resulted in three…

Continue Reading Ode To A Road

The Sixth Circuit’s opinion in Lilly Investments v. City of Rochester, No. 15-2289 (Jan. 5, 2017) is not slated for publication, but its worth a read anyhow because it involves Williamson County ripeness, and the “final decision” rule. Here’s how the court summarized the case:

This case concerns Louis Leonor’s efforts to open a dental clinic in Rochester, Michigan. The clinic stands nearly complete, but in May 2013 Rochester issued a stop-work order preventing Leonor from finishing and operating the clinic, prompted by an expert’s finding that the clinic does not comply with the conditions of a city permit. That same expert found compliance a few months later after Leonor made corrective changes. Nonetheless, Rochester refused to lift the stop-work order or take an up-down vote on the project unless Leonor waived any legal claims and paid a $40,000 fee. Unwilling to comply with those conditions, Leonor filed a complaint…

Continue Reading 6th Circuit: City’s “War Of Attrition” Meant Regulatory Takings Claim Ripe For Federal Review