Check out this recent article by lawprof Timothy Mulvaney, “Non-Enforcement Takings.” We’re used to situations in which government regulation results in a takings claim, but Professor Mulvaney asks about cases in which the government’s inaction is argued to result in a taking.
Here’s the abstract:
The non-enforcement of existing property laws is
This fall, I’ll be teaching a new course at the William and Mary Law School in Williamsburg, Virginia.
Here’s the description of Property Rights: Law and Theory (Law 608) from the course catalog:
Property rights and property theory have been essential components of Anglo-American law for centuries, and the protection of the right of
Remember the Tom Cruise/Steven Spielberg flick Minority Report? That’s the one based on Philip K. Dick’s short story in which the police force’s PreCrime unit can presage that a citizen will violate the law in the future, so they arrest him now even though he has committed no crime.
That’s the same vibe we
Here’s the latest “Map Act” case from North Carolina, one that touches a bit on the metaphysical side because it gets into the question of whether an ongoing inverse condemnation case in which the N.C. Supreme Court has already ruled that property was taken (although it did not determine the interest taken), prevents the government
For those of you who have not recently attended the ALI-CLE Eminent Domain and Land Valuation Litigation Conference (which we held recently in Charleston, and which we’re planning for in Palm Springs in Jnauary 2019), here’s another sampling of the kind of thing we do.
It’s our New Jersey colleague Anthony Della Pelle
A slight divergence from our usual fare today, because we’re looking at a tort case. A tort case? Yes, because this one has lessons for our appellate practitioner colleagues. The lesson: when you are in a court of last resort, “your” case isn’t all yours, and even if you have framed your issues carefully, sometimes
Here’s the printable brochure with the details on the 32nd Annual Land Use Institute in Detroit, April 19-20, 2018. We’ve plugged the program before so we won’t do so again, except to say that you really should attend because (1) it’s a very good program that won’t take much of your time (fly in for
In North Carolina Dep’t of Transportation v. Mission Battleground Park, No. 361PA16 (Mar. 2, 2018), the North Carolina Supreme Court confirmed that real estate brokers — and not only appraisers — can testify about the fair market value of condemned property.
The background is fairly routine — the DOT condemned a portion of a
Is climate change responsible for the severity of California’s recent spate of devastating wildfires? Several big utility companies are being sued or threatened with inverse condemnation for their roles, if any, in the damage. A story today in Climate Liability News (“California Utilities, Climate Change and Wildfires: A Liability Quagmire“) details the
Here’s the latest case on our (second) favorite subject, recovery of attorneys’ fees.
First, let’s be frank: in our experience, many courts don’t really care all that much for requests for fees and costs, for whatever reason. Maybe it’s because the merits have already been decided and these requests are collateral “tails.” Maybe it’s because