September 2017

ALI-CLE2018

It’s not too early to reserve your spot at the 35th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, to be held at the Francis Marion Hotel in historic downtown Charleston, South Carolina, January 25-27, 2018. 

We’re finalizing the Conference details, but can report that the program will, as usual, feature

It’s no secret: along with a lot of our colleagues, we have thought for a long time that the Supreme Court needs to address the “final decision” prong of the Williamson County ripeness test. Ever since four Justices in 2005 concurred in San Remo Hotel to say so, we’ve been anticipating the case which presents

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Back when the opinion was first released, we posted a list of Murr v. Wisconsin links. Now that Court is nearly back from its summer vacation, here’s an updated list:

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Here’s the amici brief we’re filing today in a case we’ve been following, Jarreau v. South LaFourche Levee District, No. 17-163.

As the name of the case indicates, this one is out of Louisiana and the Question Presented asks whether the Fifth Amendment’s Just Compensation Clause requires that an owner be made economically whole

Here’s a recently-filed cert petition involving property in the Florida Keys. The city allegedly downzoned the property to virtual worthlessness, but the lower courts concluded that it was not a Lucas take because the owners could still camp on the land, and the city gave them something called “ROGO points.” 

Which reminds of us the

Flooding

For obvious reasons, much of our recent traffic has come to the blog looking for information or cases about inverse condemnation and flooding. So instead of having you chase down links through a search engine or our Search page, here are some of the more popular links regarding government liability for flooding: 

We get that chicken and egg vibe from the California Court of Appeal’s opinion in Surfrider Foundation v. Martins Beach 1, LLC, No. A144268 (Aug. 9, 2017), a case that has been in the hopper for a while, but due to this-and-that we haven’t gotten around to posting about until now.

Our procrastination has

What do takings mavens think about when they hear “New York City” and “takings?” Probably the granddaddy case of them all, Penn Central. Or maybe Courtesy Sandwich Shop, or Loretto. All good ones, landmarks. 

But this post isn’t about a visit to the sites of those cases (not to worry, we’ll get