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Supreme Court decision gives landowners more leverage
Among the many important decisions from the most recent U.S. Supreme Court session was the latest statement on governmental takings in land and development.
Constitutional Law – takings — wind farms
11-2332 & 11-3258 Muscarello v. Winnebago County Board
Constitutional Law – takings — litigation expenses
2010AP2297 DSG Evergreen F.L.P., et al. v. Town of Perry
Constitutional Law – takings — damages
2011AP492 DSG Evergreen Family Limited Partnership v. Town of Perry
Constitutional Law – takings — overflight
2010AP342 Brennan v. New Richmond Regional Airport Commission
Property – takings — damage to vegetation — access
2011AP210 Thompson v. Town of Brooklyn
Court again reverses in takings case
The property remaining after a partial taking need not be entirely worthless to constitute an “uneconomic remnant” entitling the owner to full compensation.
10-1948 Keene v. Consolidation Coal Co.
Constitutional Law Due process; takings; black lung disease Section 1556 of the PPACA, amending the Black Lung Benefits Act, to create a retroactive presumption in favor of benefits, is not unconstitutional. “Consol falls far short of meeting its burden. Notably, the Supreme Court has already rejected an argument that the BLBA as a whole violates […]
2010AP342 Brenner, et al. v. City of New Richmond, et al.
Constitutional Law Takings; avigation easements Robert Brenner, Steven and Cristy Wickenhauser, and Allan and Susan Seidling (collectively, the Landowners) appeal an order dismissing their Wis. Stat. § 32.10 petition for inverse condemnation proceedings. The Landowners argue the circuit court applied the wrong legal standard when it concluded that there was no taking because the Landowners [&hell[...]
09-3673 Kathrein v. City of Evanston, Illinois
Constitutional Law Takings; demolition tax A municipality’s affordable housing demolition tax is not a tax, but a regulation, so a constitutional challenge is not barred by the Tax Injunction Act. “We are especially sure that review of the Demolition Tax will not threaten the revenue on which Evanston relies because proceeds of the Demolition Tax […]
10-1359 Bettendorf v. St. Croix County
Constitutional Law Takings; downzoning Where a property owner made improvements pursuant to a conditional zoning provision, and then successfully sued to have the condition struck down, subsequent downzoning of the property was not a taking. “The Takings Clause presupposes government interference with one’s property rights in pursuit of a public purpose. Lingle v. Chevron, 544 […]
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