September 2012

We sure wish we could have attended the Cato Institute’s recent Constitution Day program in Washington, D.C., but here’s the next best thing, a video of the presentations on Property Rights, with a review of the recent Sackett and PPL Montana decisions by the Supreme Court, and an update about the state of property rights.

The Legal Information Institute at Cornell Law School has published its preview of Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), the takings case set to be argued on October 3, 2012.

Petitioner, the Arkansas Game and Fish Commission (the “Commission”) sued Respondent, the United States, for

Check out Evans v. United States, No. 2010-1303 (Fed. Cir. Sep. 17, 2012), a rails-to-trails case in which the Federal Circuit “confess[ed] to some puzzlement over exactly what all this sturm und drang is about.” Slip op. at 9 (footnote omitted). The court resolved a procedural issue in favor of property owners (represented by

In Moore v. City of Middletown, No 2012-1363 (Aug. 30, 2012), the Ohio Supreme Court held that a property owner did not have standing to bring a regulatory takings claim when a “foreign municipality” (the neighboring city) rezoned an adjacent parcel, because the municipality did not have jurisdiction to exercise eminent domain over his

Here’s a few reports worth reading:

Thanks to Municipal Minute for pointing out a new blog that should be of interest to our readers. Our friend and colleague Dwight Merriam and his firm are publishing RLUIPA Defense a “one-stop comprehensive site stocked with cases, trial materials, briefs and scholarly articles all about avoiding and defending against claims taken under the Religious