September 2013

Here’s what we’re reading today:

  • More background from Professor Gideon Kanner on “The Taking Issue,” a publication which

The federal government has filed its brief responding to the cert petition which asks the Supreme Court to review a Tenth Circuit decision and resolve a lower court split about the meaning of the term railroad “right of way” as used in an 1875 federal statute and federal land patents subject to the 1875 Act.

Every now and then, we post an update from the rails-to-trails arena. But we’ve never provided a “big picture” look at the issue. Well, law.com has saved us the effort. In “Rails-to-Trails Program Costly to Taxpayers,” Jenna Greene provides an overview of how a law the Congressional Budget Office said “wouldn’t cost the

Here’s the cert petition filed earlier this week, asking the Supreme Court to review the Ninth Circuit’s decision in MHC Financing Ltd. P’ship v. City of San Rafael,714 P.3d 1118 (9th Cir. 2013).

That’s the case in which the Ninth Circuit overturned the District Court’s ruling (after two trials) that MHC had proven a

Taking_coverimage_webIf you are anywhere within striking distance of Touro Law School (Central Islip, Long Island), you should make plans to attend a conference that promises two days of fantastic programming on October 3 and 4, 2013.

The Taking Issue – 40th Anniversary Symposium” is dedicated to the memory of the legendary Professor Fred

In a 2-1 decision (en banc next?) in a case we’ve been following with some interest in which a Marin County oyster farming operation in the National Seashore sued the Interior Department for its decision to not renew the farm’s permit, in this opinion, a Ninth Circuit panel held that courts have jurisdiction