Professor Patricia E. Salkin (of the Law of the Land blog) has written this review of Professor David Callies’ Regulating Paradise: Land Use Controls in Hawaii (2d ed. 2010). The review is in the latest edition of the Urban Lawyer (43 Urb. Lawyer 1107 (2011)), the law review published by the ABA’s Section of
“Nonresident” Property Owners Must Employ Property Managers For TVRs?
Check this out: the Hawaii Legislature is considering two bills (HB1707 and SB2089) that will require “nonresident” property owners who rent their property for thirty days or less (transient vacation rentals) to use a licensed real estate broker to rent the property, and to employ a property manager to operate it. “Nonresident owner”
Federalist Society Podcast On New York Rent Control Takings Challenge With Professor Richard Epstein
Professor Richard Epstein, in his own inimitable and unequivocal style, opines on rent control and the Harmon cert petition in a Federalist Society podcast. A must-listen. Here’s the description:
In March 2011, the Second Circuit Court of Appeals issued summary judgment in Harmon v. Markus, a challenge to New York’s rent stabilization law
New Article: Judicial Takings or Due Process? (Cornell Law Review)
In our law review article on Stop the Beach Renourishment, Inc. v. Fla. Dep’t of Environmental Protection, 103 S. Ct. 2592 (2010), we predicted that “the fractured opinions in the case will be a boon for academics who may continue the search for the ‘takings quark’ (if not woodchucks) in the pages of law
Fed Cir Denies Rehearing/En Banc In CCA Case
As noted in this order. Next stop cert petition? More on the case here.
Guest Post: DOJ’s Rails-to-Trails Strategy Fails
Today’s post is authored by colleague Thor Hearne, who regularly represents property owners in the Court of Federal Claims, the Federal Circuit, and the Supreme Court. He recently joined us on the faculty of the ALI-ABA eminent domain program in San Diego, and spoke at the 2011 Brigham-Kanner Property Rights Conference in Beijing.
George Will Doesn’t Like Rent Control
As he writes in yesterday’s column, “Supreme Court should take on New York City’s rent control laws.” He’s writing about the Harmon case and the cert petition which the Supreme Court is currently considering:
Rent control is unconstitutional because it is an egregious and uncompensated physical occupation of property. The Constitution says that
There, That Wasn’t So Hard, Was It? Third Circuit Actually Lets Landowner Raise Federal Constitutional Claims In Federal Court
We’ve been meaning to post this interesting and important case, but it got lost in the shuffle. Thanks to a colleague for the reminder.
Try explaining that headline to anyone but a land use lawyer, and they would think you are a little bit crazy. What is so odd about a federal court actually exercising
Eminent Domain and Land Use in Hawaii – May 10, 2012
New Article: Bringing a Judicial Takings Claim (Stanford Law Review)
A recently-published Note from the Stanford Law Review: Josh Patashnik, Bringing a Judicial Takings Claim, 64 Stan. L. Rev. 255 (Jan. 2012). Here’s the abstract:
This Note seeks to answer a set of questions prompted by the Supreme Court’s 2010 decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection