August 2017

Pasadena, California, as we’ve written before, in addition to loving rosesapparently loves trees: the city owns 60,000 street trees as part of its “urban forest,” and it has a formal policy which designates an “official tree” for each street. Rock on, Pasadena. 

But in 2011, a storm blew down more than

A quick one from the Ninth Circuit in a federal condemnation case. In Montanore Minerals Corp. v. Bakie, No.15-35707 (Aug. 16, 2017), the court, somewhat surprisingly concluded that a condemnation in federal court should have been stayed by the district court pending resolution of a state court quiet title action.

We say “somewhat surprisingly”

Topdowloads

We received a nice (although automatic) email note this morning from SSRN, letting us know that our draft article on Murr v. Wisconsin, Restatement (SCOTUS) of Property: What Happened to Use in Murr v. Wisconsin?, “was recently listed on SSRN’s Top Ten download list for: Property, Land Use & Real Estate Law eJournal.”

We’ve been offline lately, hanging out at the ABA Annual Meeting in New York, so haven’t had time to post, even though there is a lot to post about.

Thankfully, our colleague Brad Kuhn at the California Eminent Domain Report is on the ball, and has written up his thoughts about the California Court

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Regulato Takings!

A modest but very knowledgeable crowd joined us today at the ABA Annual Meeting in New York for a panel discussion and analysis of Murr v. Wisconsin. Here is the recording of our portion of the presenation (10mb mp3).

Here are links to some of the materials which we and the others

Here’s the Brief in Opposition in Nies v. Town of Emerald Isle, No. 16-1305 (Aug. 11, 2017), the case in which North Carolina property owners are asking the U.S. Supreme Court (cert petition here) to review a N.C. Court of Appeals decision which involves wet and dry sand beaches, the location of the public

As we’ve noted before, Murr v. Wisconsin is proving to be a boon for CLE providers. And law review editors

Here’s the latest on the programming front, an upcoming webinar from the American Planning Association, “Murr v. Wisconsin: The Supreme Court’s Latest ‘Take’ on Takings,” Monday, August 14, 2017, 1pm Eastern

Chair Reception SLG 8-11-2017 invitation

If you are scheduled to be in or near New York City on Friday, August 11, 2017, please consider attending one or both of the following events:

FERC

Here’s one that is taking a slightly different approach to challenging the taking of private property for privately-owned pipelines. Definitely a hot-button topic these days. 

In this federal court complaint, the plaintiff landowners challenge the approval by the Federal Energy Regulatory Commission of a private pipeline company’s exercise of eminent domain. The complaint seeks