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Land Use Law Report, Volume 46, Number 6, June 2018

Constitutional Amendments


5th Amendment Gives Lessors Compensable Interest In Real Property

Friday, May 25, 2018

Facts: George R. Isely, as Trustee of the Mildred L. Isely, et al. (Isely) brought an inverse condemnation action against the City of Wichita (the City) regarding land he owned and leased to Starr Holdings, LLC (Starr). Starr had signed a “Public Street And Utility Easement,” which “purports to grant the City a permanent [...]

7 Mistakes A Land Use Expert Witness Must Avoid

Friday, May 25, 2018

Facts: Plaintiff Brace, owner of 600 acres in Erie County, Pennsylvania, filed an action in the United States Court of Federal Claims claiming a regulatory taking of his property in violation of the Fifth Amendment to the Constitution. A portion of his property was considered to be wetlands under the Clean [...]

11th Amendment Protects States From Federal Takings Claims

Friday, May 25, 2018

In 1998, Montana passed a ballot initiative banning open-pit mining using cyanide heap leaching, which is now codified at Mont. Code Ann. § 82-4-390. Because Seven Up claimed that open-pit mining using cyanide heap leaching was the only mining method feasible on the leased land, the Montana Department of Environmental Quality (the DEQ) stopped [...]

City Cannot Bar Charter School From Commercial Zone

Friday, May 25, 2018

Facts: Albany Preparatory Charter School owns a building in Albany that for 70 years before its conversion to commercial office space was a public school. Albany Prep wants to convert the property back to a school and build an addition. The property is located on a split-zoned lot, half in the C-1 neighborhood commercial zone and half [...]

City Ordinance Limiting Posting of Political Signage Violates Constitution

Friday, May 25, 2018

Facts: On August 17, 2006, the City of American Canyon (the City) adopted an ordinance regulating political signs. The ordinance purported, in relevant part, to (1) limit the installation or display of political signs to the 90 days preceding the election for which the sign was intended; (2) forbid the posting of political signs on [...]

Undesirable Land Use: Growing Weeds Is Not A First Amendment “Expressive Act”

Friday, May 25, 2018

Facts: Discount Inn, Inc. (Discount Inn), a company that owns some empty lots in the City of Chicago, violated two City ordinances: a weed ordinance and a fence ordinance. The weed ordinance requires property owners to keep all of the “weeds” on their properties to an average height of [...]

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