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25 Jun 2013, 7:58 pm
Supreme Court reversed the lower court's decision dismissing a property owner's takings claim against a water reclamation district, holding that the Nollan/Dolan takings requirements apply even when a governmental body denies a permit, and where the government imposes monetary exactions. [read post]
25 Jun 2013, 4:36 pm
The United States Supreme Court, by a 5-4 vote, held that monetary exactions are subject to the same "essential nexus" and "rough proportionality" requirements set forth in the famous Nollan and Dolan cases, which standards have long been applied to property exactions. [read post]
25 Jun 2013, 2:42 pm
The United States Supreme Court, in an opinion authored by Justice Alito, reversed on all counts, holding: Permit approvals and denials are both subject to the same the “rational nexus” and “rough proportionality” requirements of the Nollan-Dolan test; Monetary exactions are subject to the same Nollan-Dolan test as property exactions. [read post]
25 Jun 2013, 1:36 pm
The Court rejected arguments that applying Nollan/Dolan scrutiny to money exactions will leave no principled way of distinguishing impermissible land-use exactions from property taxes, stating that its holding “will not work a revolution in land use law or unduly limit the discretion of local authorities to implement sensible land use regulations. [read post]
22 Jun 2013, 3:32 pm
Ultimately, Rascal contributed $110,679.74 (the exact amount of the liability). [read post]
21 Jun 2013, 4:46 am
City of Tigard (1994) (2) whether the nexus and proportionality tests set out in Nollan and Dolan apply to a land-use exaction that takes the form of a government demand that a permit applicant dedicate money, services, labor, or any other type of personal property to a public use. [read post]
16 Jun 2013, 3:49 pm
City of Tigard (1994) (2) whether the nexus and proportionality tests set out in Nollan and Dolan apply to a land-use exaction that takes the form of a government demand that a permit applicant dedicate money, services, labor, or any other type of personal property to a public use. [read post]
14 Jun 2013, 5:14 am
” The goal of the right of publicity is therefore to protect an individual’s property interest in their identity gained through labor and effort, and to encourage further investment in this property interest. [read post]
13 Jun 2013, 6:23 am
The press release was titled, “DuPont Addresses Patent Protection at Solarbuzz China Conference; Intellectual Property Theft Growing in Competitive Climate of Photovoltaics. [read post]
13 Jun 2013, 6:08 am
Last year the carrier famously announced a sharp consolidation of its offices, reduction in work force and liquidation of properties or termination of leases.As a consequence the carrier, according to the report, has increased the work loads of remaining adjusters who are still tackling with computing systems that require more labor and effort beyond the adjusting of claims.Unfortunately I don't see what SCIF is doing as anything that any other business in a similar situation wouldn't do. [read post]
10 Jun 2013, 11:38 am
City of Tigard (1994) (2) whether the nexus and proportionality tests set out in Nollan and Dolan apply to a land-use exaction that takes the form of a government demand that a permit applicant dedicate money, services, labor, or any other type of personal property to a public use. [read post]
8 Jun 2013, 2:22 pm
Eight days out of 365 x 3 = 1,095 days (1,096 if one year is a leap year), or less than 1% of the time (to be exact, 0.73%). [read post]
6 Jun 2013, 4:19 pm
In the 1800’s (and before the 1800’s) children were viewed as property and women had very little rights. [read post]
6 Jun 2013, 7:31 am
The exact mechanisms of the current incentives and the benefits that flow from them? [read post]
6 Jun 2013, 2:00 am
While the precise nature of the interest required to intervene as of right has eluded exact definition, it is clear that the right does not include a mere contingent, remote, or conjectural possibility of being affected as a result of the suit, but must involve a direct claim on the subject matter of the suit such that the intervenor will either gain or lose by direct operation of the judgment. [read post]
4 Jun 2013, 11:36 am
She literally calls out the property for sale, the terms of the sale, and asks if anybody wants to bid on the property. [read post]
29 May 2013, 12:34 pm
Then he goes on to discuss what globalization really means and why it is time for the international community to band together to exact reasonable taxes from these global enterprises who use us to make profits but desert us when it comes to supporting continuing innovation. [read post]
23 May 2013, 7:45 am
Parker brought its claims on behalf of a damages class, with an economic loss damages subclass for property in which the PrimeTrim had been damaged but not other property. [read post]
22 May 2013, 8:36 am
The long and arduous process of dividing family property can leave feelings of animosity and regret. [read post]
22 May 2013, 5:54 am
Thus, Hinojos properly alleged lost money or property. [read post]
