From time to time over the past several years, I have written in this blog about various issues arising under the takings clause of the U.S. Constitution. Despite the apparent simplicity of this provision, which prohibits the government from taking private property for public use without just compensation, controversies regularly flare up regarding the question of indirect … [Read more...] about A divided Supreme Court changes the rules of regulatory takings disputes
Supreme court
Justice Scalia’s continuing impact on California property rights
Real property rights in California, both past and future In the wake of the death of U.S. Supreme Court Justice Antonin Scalia, the news has been flooded with articles focused on the late jurist. Amid the unbridled speculation regarding the circumstances of his passing, the bitter political debate over the appointment of his successor, and the magisterial grandeur of his … [Read more...] about Justice Scalia’s continuing impact on California property rights
San Jose’s inclusionary housing ordinance dispute moves to U.S. Supreme Court
Inclusionary housing ordinance Addressing this brutal environment in 2010, the City of San Jose, like many other cities in Silicon Valley and throughout California, attempted to mitigate its below-market-rate (“BMR”) housing deficit by adopting an inclusionary housing ordinance designed to increase the stock of affordable housing, which was immediately contested in the courts. … [Read more...] about San Jose’s inclusionary housing ordinance dispute moves to U.S. Supreme Court
U.S. Supreme Court holds that permit conditions may be challenged
The court ruled that permit conditions could be challenged as unconstitutional even at the time the government denies a permit. A recent U.S. Supreme Court opinion will have a big impact on those applying for land use permits. The decision in Koontz v. St. Johns River Water Management Dist., 570 U.S. __ (2013) represents a useful new tool for land owners to challenge permit … [Read more...] about U.S. Supreme Court holds that permit conditions may be challenged