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Water › Takings Clause

Perkins Coie

Public Water Running Through a Privately-Owned Pipe is Not Sufficient to Impose Liability on a Public Entity

Perkins Coie on

The County of San Diego could not be held liable for damage caused by leakage from a privately-owned storm drain pipe on private property merely because water from public property drained through it. Ruiz v. County of San...more

Best Best & Krieger LLP

Public Trust Doctrine & Water Rights - The Walker Case: Does the Public Trust Doctrine Apply to Water Rights Established in...

Best Best & Krieger LLP on

A case currently pending in the Ninth Circuit raises a significant and novel issue of western water law. The case addresses whether the public trust doctrine can authorize modification of a water rights decree and...more

Perkins Coie

Supplement — Curtin’s California Land Use

Perkins Coie on

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

Nossaman LLP

Did Koontz Stop Illegal Development Exactions?

Nossaman LLP on

Much was written by law school professors and property rights groups following the U.S. Supreme Court's 5-4 decision in Koontz v. St. John's River Water Management District (2013), which found that land-use permit...more

Pierce Atwood LLP

Water, Water everywhere …

Pierce Atwood LLP on

There were two court decisions this week regarding regulation of Maine rivers, one from the Maine Supreme Judicial Court, Watts v. BEP, and one federal, Friends of Merrymeeting Bay v. Hydro Kennebec, LLC. ...more

Womble Bond Dickinson

North Carolina Trial Court Rules Unconstitutional State Law Transferring Ownership of City's Water System

Womble Bond Dickinson on

Last summer, we blogged here about the dispute between the North Carolina General Assembly -- okay, the "State" -- and the City of Asheville over the State's efforts to transfer ownership and operation of the City's water...more

Miller Starr Regalia

Legal Update: What The Crystal Ball Says About Koontz

Miller Starr Regalia on

As you may have heard, on June 25, 2013, the U.S. Supreme Court released its decision in Koontz v. St. John’s River Water Management District 570 U.S. ___, 133 S.Ct. 2586 (2013). Koontz has been hailed by property rights...more

Burr & Forman

Supreme Court Rules On Permits

Burr & Forman on

The recent Supreme Court case Koontz vs. St. Johns River has generated a lot of commentary and debate in the legal community and speculation concerning the ramifications of the case on various land use permitting scenarios. ...more

Snell & Wilmer

The U.S. Supreme Court’s Latest Attempt to Differentiate a Fair Quid Pro Quo in the Developer’s Permitting Process From an...

Snell & Wilmer on

The U.S. Supreme Court has issued an important decision in an attempt to add clarity and help government land use planners understand the difference between reasonable requests and unreasonable demands rising to the level of...more

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