The Connecticut Appeals Court’s opinion in Stones Trail, LLC v. Town of Weston, No. AC 38078 (July 18, 2017), does not offer a lot in terms of substance — it holds that a property owner’s regulatory takings claim based on the Town’s approval of what the owner thought was a subdivision was not ripe
A Quarter-Century Of Lucas: What’s Next?
Load this one up for your morning drive, or workout: the Federalist Society’s podcast on “Lucas v. South Carolina Coastal Council at 25.” Featuring Professor Eric Claeys, Professor Michael Wolf, and Pacific Legal Foundation’s James Burling. Well worth your time.
Here’s the description:
This spring marks the 25th anniversary of the U.S. Supreme
Property Owners (And Amici) To Sixth Circuit: En Banc Review: “Self-Executing” Compensation Clause Means Congress Doesn’t Need To Consent
In Brott v. United States, 959 F.3d 425 (6th Cir. May 31, 2017), a Sixth Circuit panel — after acknowledging the Fifth Amendment right to just compensation is “self-executing” — held that it really wasn’t: the federal government can take private property but the owner can only recover compensation if Congress agrees to allow them
Links To Cases And Materials From Today’s ALI CLE Webinar On Murr v. Wisconsin
Thank you if you were able to join us earlier today for ALI CLE’s webinar, “The U.S. Supreme Court and Property Rights – Murr v. Wisconsin: The ‘Larger Parcel” Issue and the Future of Regulatory Takings,” our first comprehensive look at the U.S. Supreme Court’s recent decision on the “larger parcel” or denominator
Restatement (SCOTUS) of Property: What Happened to Use in Murr v. Wisconsin?
A couple of weeks ago, we noted that the Supreme Court’s recent decision in Murr v. Wisconsin would no doubt be a boon for law review editors. To avoid shirking our duty, we’ve spent the interim doing some writing, adding a drop to the flood. First draft done, posted on SSRN here.
Emphasis
New Cert Petition: Overrule Williamson County!
Here’s a newly-filed cert petition which asks the Supreme Court to review a Sixth Circuit decision in which the county auctioned the Church’s property to satisfy a tax lien, then kept the difference between the owed taxes plus costs, and the proceeds from the sale. The court dismissed the claim under Williamson County because it
ALI-CLE: The Larger Parcel Issue and the Future of Regulatory Takings (July 25, 2017)
One last reminder: next Tuesday, July 25, 2017 at 2:00 pm Eastern, is “The U.S. Supreme Court and Property Rights: The ‘Larger Parcel” Issue and the Future of Regulatory Takings,” ALI-CLE’s first look at the U.S. Supreme Court’s recent decision on the “larger parcel” or denominator issue in regulatory takings cases where
Hawaii Supreme Court Allows A Practical Fix To A Technical Appeal Problem With Non-Final Judgment
Here’s one that every Hawaii civil practitioner, trial and appellate, should read. It’s only a few pages, but it’s very important.
It is a pillar of the appeals process that in the usual case, the lower court’s judgment must be final — resolving all claims by all parties against all other parties — before the
Federal Circuit: Property Owners, Continue To File Your CFC Takings Claims Before You File Your District Court Action
If you “get” this headline and the decision by the Federal Circuit, then congratulations, you are a super takings nerd. King of the Nerds. Off-the-charts nerd. Your takings law geek certificate is in the mail.
In Petro-Hunt, LLC v. United States, No. 16-1981 (July 13, 2017), the U.S. Court of Appeals for the Federal
More Gas From The Fourth Circuit: Federal Jury Can’t Determine Pipeline Company Actually Took More Property Than It Condemned
An unpublished opinion from the U.S. Court of Appeals for the Fourth Circuit in a pipeline case from Virginia. But even though it is not precedent, we’re covering it anyway because it raises important issues.
In Columbia Gas Transmission, LLC v. 76 Acres, No. 15-2547 (July 13, 2017), Columbia possessed the delegated power