This really was a "blockbuster" Term for the Supreme Court and takings law: no less than three cases (and four, maybe five, if you expand it slightly to include property-owner favorable cases such as Lozman and last term's Sackett), and as Gideon Kanner noted recently, the CLE sessions are flying fast and furiously.
Here's another one, with a great angle: our ABA colleague Ed Thomas, President of the Natural Hazard Mitigation Association and the guy who knows just about everything there is to know about disaster preparedness, disaster response, and property rights, is speaking tonight (Tuesday, July 16, 2013, 7:00 pm MT) along with BYU lawprof Lisa Grow Sun, about the Supreme Court's takings cases:
This session will explore the legal landscape for community development and hazard mitigation/climate adaptation. Specifically, there has been tremendous press coverage of many U.S. Supreme Court decisions this term. One of those cases, Koontz vs. St. John’s Water Management District, reportedly will have a “devastating” effect on good planning. While the Koontz case directly involves development and mitigation, other cases this term also deal with “takings” issues, and related matters of law. Indeed, federal and interstate conflicts, and the “takings” were also highlighted in another case from this term of the U.S. Supreme Court: Arkansas Game and Fish ruling. Expert panelists will consider what’s happening in the current legal and policy environment and will address what the future may hold. What about your climate adaptation, hazard mitigation, or floodplain ordinances? Is it time to worry? Time to learn a new way to negotiate?
The panel is moderated by Barry Hokanson, Urban Planning Consultant.