I have been asked to speak at the the 12th Annual Eminent Domain Conference on October 28, 2010 sponsored by CLE International on the topic of the “Effects of Guggenheim on Takings.” The program is geared toward practicing attorneys and land use professionals. If you would like more information, or a copy of the program outline, please email me at malpert@hkclaw.com
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That is the argument I make in the soon to be published article in the WMA Reporter. Rather than spending billions on wasteful goverment programs, the government should just stay out of the way and let the free market work.
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On May 7th, the City of Los Angeles took the first of two votes necessary to adopt a moratorium on the annual CPI adjustments for properties under rent control, according to the LA Times. The justification for the decision is that renters suffering under difficult economic times cannot afford to have their rents increased to keep up with inflation. This justification for harsher rent controls is dubious, at best. Landlords are not responsible for the recessions. The cost of what is essentially a poverty program (which requires no income qualification) should not be imposed on them. If the City Council votes to confirm the decision, I hope a property owner will decide to file suit to challenge the moratorium.
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Late in2009. the EPA made a well publicized finding that ”greenhouse gases” in the atmosphere threaten the public health and welfare of current and future generations and that emissions from new motor vehicles threatens public health and welfare.
The Pacific Legal Foundation has filed a Petition challenging the finding and asking that the public hearing be reopened in light of data which has come to light which questions the finding.
Unless the finding is successfully challenged, you can bet there will be similar findings made regarding all manner of human activity. Global warming is the ultimate anti-property rights tool and it is driven by politics, not science.
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This isn’t so much a property rights story, as much as a story of what is happening to our economy. The Silverdome, which was built for 55.7 million dollars 35 years ago, just sold for $583,000. That is an amazing statement about how bad Detroit’s economy is doing today. Frankly, its downright scary.
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Growing up in California, I recall being amused by the ”Welcome to California, Now Go Home” bumper sticker. I don’t see those bumper stickers anymore. I wouldn’t be surprised to see a “Welcome Californian, Now Go Home” bumper sticker in places like Texas and Arizona, where many California citizens and California businesses have fled. Two major news stories of today seemed to illustrate the problem. First, we have news that the California budget deficit “fixed” only a few months ago, is predicted to be 21 Billion, according to the Orange County Register. Second, we have the report from the LA Times that the state energy commission has adopted a ban on the sale of televisions believed to consume too much energy. Our state government apparently just doesn’t get the link between overregulation which punishes business and a weak economy. The quote of commissioner Rosenfeld says it all: “It looks like a very good deal for society . . . “ These arrogant fools essentially believe they know what is good for all of us, whether we like it or not. Texas sounds better every day.
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The California State Game and Planning Commission is considering banning fishing of some parts of the California coast, including Laguna Beach, reports the Orange County Register. Do people who make a living in the fishing industry have a right to continue that livelihood? If the government is going to take away that right, should they be compensated? People have made enormous investments in developing this business. It seems it does not matter how badly our economy is hurting, the environmental advocates will continue to push for regulations which kill California business. They should consider environmental protection in the Third World–because that’s where they are sending our economy.
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What happens when billions of dollars of federal stimlus funds are approved to support global warming initiatives that make no economic sense? You get solar mirrors in the middle of the california desert. Unfortunately, the desert is populated by the flat tailed lizard. As the LA times reports “There are significant environmental issues involved in the California gold rush-like scenario unfolding in the desert,” said Peter Galvin, conservation director of the Center for Biological Diversity. “We are not going to just roll over when critical wild lands and last habitats of endangered species are in the mix.”
The company behind the project is already spending a huge amount of money on buying 6500 acres of habitat for this little lizard, who is kind of cute:
6500 Acres Just Isn't Enough For These Little Fellas
Global warming fanatics versus environmental fanatics. Who will win? Sadly, its all of us who pay taxes that lose.
I can’t think of a better way to spend 15 Billion of our money, can you?
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For those of you who don’t work in the area of regulatory takings, it may surprise you that it is extremely difficult to get a trial of federal takings claims in federal courts. With the antagonism of many state courts to takings claims–California is one of the worst–the ability to litigate takings claims in federal court is crucial. That is why October 7, 2009 Ninth Circuit decision in Los Altos El Granada Investors v. City of Capitola is so important. This is another case I worked on with Rob Coldren and Bill Dahlin of HKC.
I will spare you the procedural history of the case spanning 9 years. The decision summarizes that procedural history, noting the “sisyphean task” facing property owners seeking to adjudicate federal takings claims in federal courts.
The substance of the Appellate Court’s holding was that a proper “reservation” of the right to have a federal court determine federal claims remained viable. The Appellate Court reversed a District Court’s dismissal of the property owner’s claim and remanded the matter for a determination as to which claims should proceed to trial. The decision, while technically dealing only with procedural matters, provides much needed guidance for lawyers (and their clients) seeking to litigate Fifth Amendment claims in Federal Court. It is a welcome relief. Combined with the Guggenheim decision, local governments have a lot more to worry about when they adopt confiscatory regulations. It is long overdue.
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This article on rent control in India is a few years old, but the points it makes about the impact of rent control are timeless.
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