Maybe that will be a benefit in the long run. As for your faithful servant, he went to law school in antedeluvian days and never had to take the lsat. Didnt hurt our career and our accomplishments one bit. There may be a lesson in that. Anyway, if fewer bright young people become lawyers and more become engineers, the country may be better off. Leave a reply The feds take it on the Chin Again on rails-to-Trails Litigation March 21, 2012 / Uncategorized / by gideon you may recall our recent post on the mysterious behavior of the feds who, having lost a bunch of inverse condemnation cases regarding. In a nutshell, a lot of railroad rights of way are easements, so that when the railroads stop operating, the land underlying the easement area reverts to the owner of the underlying fee title free and clear of the easement that has thus been abandoned, and.
Gideon's 300 Sermon by Stephen Sheane, judges 7:1-8
Based on the essay courts most recent handiwork, you coulda fooled us on that one. But hey man, what do we know? Maybe justice Alito will do some missionary work and persuade some his colleagues to value them as well. And speaking of the courts grudging interpretation of the Act, we offer for your consideration the following observation of Richard Frank, former California deputy Attorney general, with whom we rarely agree, along with a photo of this asserted wetland from his blog: Considering Scalias well-known propensity for. Leave a reply The Bloom Is Off Law Schools March 21, 2012 / Uncategorized / by gideon The new York times reports that this years lsat takers were down to 129,925, down from 155,050 last year, and 171,514 the year before. David Segal, for 2nd year, a sharp Drop In Law School Tests,. Times, march 20, 2012,. Which may not be a bad thing. Because over the years the earnings and image of the legal profession underwent a metamorphosis, attracting hordes of young people to law school. Alas, many of these young people, though bright enough, lack the tolerance for drudgery that the practice of law requires, and the temperament to be lawyers, and one statement byproduct of this phenomenon has been a profession full of people who dont like what they do for. So if fewer of those dont go to law school.
And why is the biography Clean Water Act notoriously unclear? Could its lack of clarity have something to do with the courts grudging interpretation of property owners right under it? For the washington Posts take on this case, click here. Bottom line: the sackett decision is better than the alternative might have been, because from the outset, the environmetalits objrtive has been to destroy private property rights in America (except their own). You dont believe us? Then check out Gladwin Hill, authority to develop Land Is Termed a public Right,. Times, may 20, 1973 (A federal task force in land use said today that henceforth development rights on private property must be regarded as resting with the community rather than with property owners.) Clear enough for you? And so, we are glad to hear that Justice Alito thinks that our nation values property rights.
By that time, the potential fines may easily have reached the millions. In a nation that values due process, not online to mention private property, such treatment is unthinkable. So did the court grant property owners meaningful relief from this outrageous legal scheme? quot; Justice Alito: The combination of the uncertain reach of the Clean Water Act and the draconian penalties imposed for the sort of violations alleged in this case still leaves most property owners with little practical alternative but to dance to the epas tune. We would presentation have thought that the treatment meted out by the epa to affected property owners was clearly unconstitutional on more than one ground (like due process and excessive fines, for instance but the decision is based, not on the constitution, but rather on the. We sympathize with property owners thrust into such a nightmarish scenario because back in 1980 we were involved in such a crazy case, in which our client started plowing bone-dry land for a new citrus grove, when he got served by the feds with. We sued in federal court, the feds made a motion to dismiss, but the trial court sat on it for so long that everybody decided life wasnt long enough for this controversy to be judicially resolved, and so the case settled.
Unanimously, no less, with two concurring opinions. You can get the message about the nature of the case and the courts reaction from this excerpt from Justice Alitos concurring opinion: The reach of the Clean Water Act is notoriously unclear. Any piece of land that is wet at least part of the year is in danger of being classified by epa employees as wetlands covered by the Act, and according to the federal government, if property owners begin to construct a home on a lot. The epa may issue a compliance order demanding that the owners cease construction, engage in expensive remedial measures, and abandon any use of the property. If the owners do not do the epas bidding, they may be fined up to 75,000 per day (37,500 for violating the Act and another 37,500 for violating the compliance order). And if the owners want their day in court to show that their lot does not include covered wetlands, well, as a practical matter, that is just too bad. Until the epa sues them, they are blocked from access to the courts, and the epa may wait as long as it wants before deciding to sue.
Living pterosaurs ( pterodactyls )?
It held that although as a general rule the value of land for ad valorem taxation purposes is inadmissible in eminent domain cases, the owners value contentions in tax assessment proceedings are admissible as an writing admission against interest. . quot;ng from the courts syllabus: Generally, the assessed valuation of property for tax purposes is not admissible as evidence of fair market value of property in an eminent domain action. But statements made by the owner about the propertys value in an appeal of a tax assessment that are inconsistent with the owners position in the eminent domain trial are admissible as admissions against interest. So it remains to be seen if the kansas courts will resume follow the same rule when the shoe is on the other foot — when it so happens that the taxing authority contends in taxation valuation proceedings that the value of the subject property. Yes, cases like that do come along from time to time. The problem is that not only are tax assessments notoriously unreliable, but the law that governs them is based on a different policy than the law of eminent domain. In taxation, it allows the owner to minimize taxes and hence it encourages conservative valuation, whereas in eminent domain the owner is entitled to the highest price that the property would fetch in a voluntary sales transaction.
Most important, when an error is made in valuation for taxation, it can be fixed by reassesment, whereas in eminent domain once the judgment is final, the value determined by it is not subject to change. So stay tuned and see what happens in Kansas when the parties roles are reversed, and it is an owner who wants the governments taxation valuation contentions admitted into evidence in an eminent domain action. You think this rule will cut both ways, or will the courts then stick to the general rule of excluding valuation for tax purposes? Leave a reply scotus decides the sackett Case: America values Private Property. March 21, 2012 / Uncategorized / by gideon Our thanks to the volokh Conspiracy for tipping us off that scotus decided Sackett.
Thats what it says right here in black and whie in the los Angeles Times (Ralph Vartabedian and Dan weikel, concessions on Bullet Train may violate law,. Now, it turns out that there are other problems. Persnickety readers of the law enacted by the voters in 2008 have noticed that the currently proposed high speed rail layout and manner of operations deviate from the terms of that law. Whether a court would actually stop the project because of such alleged violations is not clear, said uc berkeley assistant law professor Bertrall Ross, an election law expert. The conditions in the law, he added, were not in the ballot summary that voters saw at the polls, and judges often attach more importance to that than the underlying statute.
On the other hand, some conditions were in voter pamphlet and a judge could rule against the current plan on that basis. Aint law just swell? Arent you glad we live under a rule of law, rather than the say-so of judges who according to Professor Ross, can just approve a project likely to consume.5 billion (and counting) rather than the 9 billion solemnly promised to the suckers, er, we mean. You can draw your own conclusions from all this, but it seems to us that if the railroad types pull off that one, california will deserve whatever it gets, including, alas, insolvency. Leave a reply Should Value contentions in Taxation Proceedings be admissible in Eminent Domain? March 22, 2012 / Uncategorized / by gideon Check out the recent decision of the kansas Supreme court in Kansas City mall Associates. Unified government of wyandotte county,. 102,163, that came down recently.
Film / soundtrack dissonance - tv tropes
March 26, 2012 high-Speed railroad / by, gideon, herewith the next installment of The perils of pauline, which was a serial movie early in the 20th century. Its shtick was that at the end of each episode, pauline, the heroine, was left tied to railroad tracks while a train was rounding the bend and rushing at her, leaving the audience in suspense and eager to return the following week to see how. So here we go again, with the california high-speed rail farce. And make no mistake, it is beginning to assume farcical proportions. To sum up for the benefit of newcomers, back in 2008 the ever gullible California voters approved a ballot proposition that would book approve and finance a high speed train line operatting between San diego and San Francisco. There were several conditions in that proposition: those using it would be able to board at one end and go to the other without changing seats, as many as 12 trains an hour would operate each way, and the system would operate without taxpayer subsidies. (Good luck with that one.) And oh yes, the funding approved in that vote woud be 9 billion. Long story short, by the time the preliminary plans were unveiled, the cost went up ten-fold.5 billion, and the rail authority announced that it would start by building a segment of that line, not in the populated areas in need of rapid mass. Naturally, politicians all over Californis, particularly in the san Francisco bay area decided to get in on the action, and before you knew it, instead of being planned to run on a separate bullet-train track, the envisioned high speed rail would serve their bailiwicks and run.
There were entire blocks of rubble, with facades of ruined builngs standing among. So do you know what the city did? You may not believe this, but it bullet was reported in the new York times at the time, and we are sure a nexis search will bring you that reportage. The city ordered (and spent taxpayers money on) a bunch of rectangular pieces of plywood, on which it painted window frames, curtains and flower pots, and had them inserted into the gaping window holes of ruined buildings, so that flatlanders zooming by on the freeway. Yes indeed — it happened. If you want to see what the south Bronx looked like at its nadir, go to google images and type in south Bronx Photos. Leave a reply, high Speed rail (Contd.).
do we know? Catch this depiction of current reality of living there, coming from a 66-year-old lady who sold her one-bedroom Manhattan digs for 550,000 and replaced them with a two-bedroom place in the Bronx for 200,000, thereby stashing 350,000 tax free: If you walk around wearing gold. Welcome to the new, improved Bronx. And here we didnt realize that owning and using an iPhone constitutes flaunting. Do the folks at Apple know about this? It occurs to us that younger readers of this blog, and there may be a few, do not fully realize what the south Bronx looked like when it acquired its reputation as an urban disaster area. In those days your faithful servant used to go to new York, fly in to jfk and take a taxi into town, which involved traversing the Bronx on the freeway. It looked like hamburg in 1944.
Or, according to our calaculator the shredder award was over twice the amount of the offer. The bone of contention was the countys position that it should pay only for the taken land, and pay nothing for severance damages which came to 860,000 according to the owner. Leave a reply, the second Coming of the south Bronx. March 26, 2012 uncategorized / by, gideon, dont miss the article in todays New York times (Joseph Berger, no longer Burning, the south Bronx Gentrifies,. Times, march 26, 2012,. A20 click here ) informing one and all that, yes indeed, the south Bronx, the venue that served as a backdrop of the movie fort Apache the Bronx with paul, newman (which you should see if you havent is rising above its wasteland image and becoming. We have no doubt, at least we hope, that there has been some improvement up there since, short of conducting live-fire urban military warfare, the place couldnt go down any lower. So bully for those brave pioneering souls who are moving in and gentryfying the place.
Thinking Outside the box: a misguided Idea
Lowball Watch new Jersey, march 28, 2012 lowball Watch / by, gideon. Business week reports that the new Jersey appellate division has affirmed the trial courts judgment in an interesting case. The town of Harvey cedars decided to restore the beach and in so doing built a 22-foot dune between the sea and the beachfront home of the karans, concededly worth.9 million. It offered them 300 for the diminution in value caused by the loss of view. After trial the court awarded 375,000. Now, that award has been affirmed on appeal. For a Business week story reporting these events, click here. Leave a reply, lowball Watch Florida, march 27, 2012 lowball Watch / by, gideon, the news professional Press reports the results of an eminent domain taking.39 acres out of a 26-acre tract by lee county (Mark. Krzos, Estero land seizure will Cost lee.92 Million, jury rules, m, march 26, 2012 click here ) as follows: offer 883,000; verdict 1,920,000.