Chicago Mayor Lori Lightfoot on Policing Reform
The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more
When a property owner commits to developing property in a certain manner, including providing a certain number of parking spaces, and the local government agency enforces the owner’s failure to comply, does the enforcement...more
In Law360, BB&K's Gene Tanaka and Emily Chaidez Evaluate if COVID-19 Orders are Temporary Takings - The COVID-19 pandemic is an unprecedented modern public health and economic crisis that has resulted in extraordinary...more
California this month became the first state to declare a right to commandeer private property to combat the spread of COVID-19. Other states and localities are considering similar emergency measures to take over hospital...more
Inverse Condemnation: Nies v. Town of Emerald Isle, COA15-169 (November 17, 2015). The Town of Emerald Isle established a beach nourishment project extending the mean high water mark seaward, and regulating vehicles...more
On May 27, 2014, the Colorado Supreme Court issued its opinion in Town of Dillon v. Yacht Club Condos. Home Owners Ass’n, 2014 CO 37. Overturning the rulings of both the trial court and the Colorado Court of Appeals, the...more
Downzoning property is always a thorny issue: on the one hand, zoning changes are typical, "police power"-type governmental activities; on the other hand, they can significantly impact property values, and in some cases can...more