After the recent Brigham-Kanner Property Rights Conference in the Netherlands (very appropriate, as it was the home of the Dutch lawyer and property rights guy Hugo Grotius), we had the opportunity to visit one of that country’s notable museums, where we came across this odd piece, a somewhat worn and nondescript wooden
November 2016
Mark Your Calendars: The Land Use Institute Is Returning – February 1-2, 2017, Miami
After a short absence and a change of lead sponsor (from ALI-CLE, to the American Bar Association’s Section of State and Local Government Law), the Land Use Institute is back on.
Download the print brochure here, or visit the LUI web site for more. It will be held February 1-2, 2017, in Miami…
New HAWSCT Brief In Election Case: Voter Registration Appeal Is Timely Brought When Mailed
Remember that decision by the Hawaii Intermediate Court of Appeals that we posted a few months ago, after the Hawaii Supreme Court granted discretionary review? The case involved a question of how appeals are brought and filed in cases challenging a voter’s registration. In Hyland v. Gonzales, the ICA held that an appellant who was…
West Virginia: No Entry For Pipeline Survey Because It’s A Private Taking
There’s been a few decisions recently about entry to private property in anticipation of condemnation, the most prominent being a ruling from the California Supreme Court that entries which exceed relatively minor inconveniences are takings; the court “reformed” the entry statute to import some of the protections of the eminent domain process, but otherwise gave…
Amici Brief: On Unsettled Questions Of State Law In Takings Cases, Federal Courts Shouldn’t Guess
Here’s the follow up to that cert petition we recently posted. In Romanoff v. United States, 815 F.3d 809 (Fed. Cir. 2016), a rails-to-trails case, the Federal Circuit was confronted with a question about how New York property law treated an easement. In that case, the easement was granted for railroad purposes, and…
ALI-CLE Eminent Domain & Land Valuation Litigation Conference, San Diego, January 26-28, 2017: Final Brochure
Here’s the final brochure for the upcoming ALI-CLE Eminent Domain and Land Valuation Conference, set for January 26-28, 2017, in San Diego.
Early registration gets you a discount (code CY009MK), as does multiple registrations from one office, so now’s the time to commit to joining us for our annual gathering (the 34th Annual) of …
Somin: Kelo Not An “Extreme” Decision, But Result Of Mainstream Legal Thought
A piece from noted eminent domain scholar Professor Ilya Somin, “Beware misguided ‘mainstream’ legal thought – ‘Kelo v. City of New London’ in perspective” at the Washington Post.
The thrust of his piece (and a forthcoming law review article) is that Kelo isn’t some nutty decision, but was the product of “mainstream legal…
New Cert Petition: When Faced With A Question Of State Property Law, Should A Federal Court Make Its Best Guess?
Here’s the latest in a case we’ve been following (because we filed an amicus brief in the Federal Circuit in support of the property owners, and will be filing a brief in support of the cert petition).
This is the case about New York City’s “Highline,” the abandoned elevated rail line which was converted into…
Reading Today: “Rethinking the court’s property-rights jurisprudence in the Progressive Era” From Professor James Ely
Here’s what we’re reading today.
SCOTUSblog has posted a summary of a recent lecture by Professor James Ely (recently also returned from the Brigham-Kanner Property Rights Conference in the Hague) at the Supreme Court Historical Society, about whether “the Progressive-Era court largely accommodated social and political reforms, diminished protections previously afforded to property owners…



