2016

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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

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

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

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

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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

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

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

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

Here are the remarks we were to have presented today, the second day of the 2016 Brigham-Kanner Property Rights Conference, being held in The Hague, Netherlands at the International Court of Justice. The panel subject was “Property Rights in Intangible Assets.” We were unable to deliver them due to the panel running of of time