We’ve been remiss in updating for the past few days, caught up in the whirlwind that is the ABA Annual Meeting. But that’s now over and we can finally return to our usual blogging routine.
First up, News of the World:
- The Supreme Court of Canada has a new Justice, Russell Brown. He’s a blogger (well, former blogger), and property guy. And friend of this blog: back when Justice Brown was lawprof Brown at the University of Alberta a few short years ago, he spoke at a panel we moderated at an ABA conference in Miami, in which we explored the ways that different countries approached what we call “regulatory takings.” We wonder whether the addition of Justice Brown will have us looking more at that court’s property rulings in the future. We hope so.
- Will the Philippine Supreme Court order a half-built skyscraper to be torn down? Anyone who has ever toured Manila will almost certainly have visited the monument honoring the Philippines’ “national hero” Jose Rizal. In a case recently argued over several days, the Justices of the Philippine Supreme Court are considering whether Torre de Manila, a 46-story skyscraper being built on private property near to the monument should be de-constructed simply because it mars the views from and to the memorial. Check out the photos. According to this story, “Torre de Manila is clearly visible behind the monument, and can easily steal the attention of a visitor away from the monument which, up until the construction, had uncontested control over the sightline.” A fascinating case to follow for those of us in jurisdictions which do not recognize view planes or sight lines as protected from interference, as may (or may not) the Philippine Constitution. And what about vested rights? Even in California, a half-built skyscraper might be deemed to be “vested.” Add in the Philippine Constitution’s protection of private property rights, and you’ve got a legal battle that has no obvious solution.
- Which brings us back to Takings International. From time to time we like seeing how the other half lives (see here, our review of Australia’s compulsory acquisition movie “The Castle,” and here for our review of a docfilm about Donald Trump and Compulsory Purchase Orders in Scotland). And a few years ago, our Section of the ABA published a book which details how various countries around the world approach what we call “regulatory takings.” If that sort of thing floats your boat, check it out.
Now, back to our regularly scheduled programming.