The three-part Penn Central test for an ad hoc regulatory taking tasks courts with evaluation of the economic impact of the regulation on the property’s use, the property owner’s distinct investment-backed expectations, and the character of the government action. Throw all of these “factors” into a pot, stir, and voila, the answer of whether
Brigham-Kanner Property Rights Conference Write Up
Here’s a slideshow and summary of the recent Brigham-Kanner Property Rights Conference, held at the William & Mary Law School in Williamsburg, Virginia.
Federal Circuit: Federal Gov’t Adequately Represents Enviros’ Rights
We love any opinion that begins with “[t]his case’s story started in 1942…” A typical long-fact-pattern takings case, perhaps? Well, not quite. This case, which we’ve been meaning to post for a while, deals with who is entitled to intervene in a takings case.
Brigham-Kanner Property Rights Conference Report
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Justice Stevens, Recused In The “Stop The Beach Renourishment” Case, Weighs In On The “Stop The Beach Renourishment” Case
You can take the Justice out of the Court, but you apparently can’t take the Court out of the Justice. Retired Justice John Paul Stevens has added the “ninth vote” (his words, not ours) in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (June 17, 2010), the case is
Professor Ely, You Magnificent Bastard, I Read Your Book!
Here are my remarks from last week’s Brigham-Kanner Property Rights Conference at the William & Mary Law School in Williamsburg, Virginia. Our panel spoke on “Property Rights in Times of Economic Crisis,” and included lawprofs James W. Ely (Vanderbilt), William Fischel, (Dartmouth), and Eric Kades (William & Mary). See the complete faculty list and agenda
Reply Brief In Fed Cir Rails-to-Trails Appeal: Statute Of Limitations Doesn’t Start To Run Until Gov’t Gives Notice Of The Taking
In July, we posted the opening brief in Ladd v. United States, the case in which the Court of Federal claims dismissed the property owners’ Fifth Amendment takings claim stemming from a rail conversion. The CFC held that the claim was filed past the six-year Tucker Act statute of limitations even though the government
Call For Authors: American Bar Association Book On Just Compensation Issues
Ever since the U.S. Supreme Court’s infamous decision in Kelo v. City of New London, 545 U.S. 469 (2005), the focus of eminent domain scholarship and the public have been on the public use side of the condemnation equation.
However interesting those issues are (and they truly are), practitioners of eminent domain law understand
Oral Argument Recording In SCOTUS Flood Takings Case
The Oyez Project has posted the recording in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), the takings case argued earlier this week in the U.S. Supreme Court.
Check it out here. We posted our summary of the petitioner’s arguments here, and will be posting
2012 Brigham-Kanner Property Rights Conference
There’s still time to join us later this week at William & Mary Law School in Williamsburg, Virginia for the 2012 Brigham-Kanner Property Rights Conference, and the award of the B-K Prize to University of Michigan lawprof James Krier for his lifetime contributions to property law scholarship.
The Conference includes a day-long series of