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Court Rules in Favor of Landowner in Eminent Domain Case Where City Did Not Use Condemned Property for its Intended Public Use Within 10 Years

USA - July 31 2020 Every once in a while a case comes along that calls to mind the adage that “just because you can think it doesn’t mean you should say it.” The Second…

The Case of the Missing $10M Oxford Comma

USA - March 20 2017 Vampire Weekend may not “give a f— about an Oxford comma,” but I certainly do. And so, too, does the United States Court of Appeals for the First…

Supreme Court Issues Another Important Property Rights Decision

USA - July 30 2021 On June 28, 2021, the Supreme Court issued Pakdel v. City and County of San Francisco, 594 U.S. ____ (2021), a unanimous per curiam opinion vacating…

The Mitigation Fee Act provides the sole means for challenging development impact fees and recovering interest

USA - June 8 2016 The Mitigation Fee Act (Government Code § 66000 et seq.) provides the requirements for development impact fee programs. Most of the Act’s provisions…

Supreme Court Issues Major Property Rights Decision in Favor of Landowners, Confirming that Government-Sanctioned Physical Invasions of Private Property are Categorically Compensable Under the Takings Clause

USA - June 25 2021 In a 6-3 opinion written by Chief Justice John Roberts, Cedar Point Nursery v. Hassid, __ U.S. __ (2021) (Case No. 20-107), the Supreme Court issued…