2019

The California Supreme Court’s relatively short unanimous opinion yesterday in City of Oroville v. Superior Court, No. S243247 (Aug. 15, 2019) may have a bigger impact outside of that case than within in.

While that is undoubtedly true in many decisions by a precedential court of last resort, we highlight that here because inverse

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We’re about to get underway with the fall semester at William and Mary Law School, where we’re again teaching an upper-division course, Eminent Domain and Property Rights

We’ve more than doubled the size of last year’s enrollment, so it looks like the word is getting out. We cover not only eminent domain and

Check this out. What at first appears to be something along the lines of the grainy Zapruder film (this particular piece was recorded on video, not film, and certainly well before the days of high-res camera phones that we now take for granted) is an important piece of takings history.

It is (the late) Anthony

Mark your calendars for Thursday, August 22, 2019, 2 – 3pm ET, for a free ABA program, “When the Floods and Fires Come: Landowner’s Property Damage Claims.” This session, produced by the Section of Litigation and organized by our Damon Key colleague Mark Murakami. Featured speakers are our colleagues Anthony Della

Here’s our Federalist Society blog post on Knick,After More Than 30 Years, the Supreme Court Reopens the Door To Federal Takings Claims.”

Check it out, takings fans. 

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Don’t worry, you didn’t miss the U.S. Supreme Court issuing a major eminent domain case. Today’s post is about a decidedly older decision, Danforth v. United States, 308 U.S. 271 (1939). 

The reason we’re posting this decision now, eighty years after it was issued, is that a colleague recently passed on a note with

People like to go to lakes. Lakes are nice. Especially in the summer. Especially Oswego Lake, Oregon (former name “Sucker Lake” — not an auspicious start). Problem is, most of the land surrounding the lake is private property. Some is owned by the municipality, but it limits access to residents of the municipality. 

Here is the motion asking the Hawaii Supreme Court for leave to file an amicus curiae brief (and the proposed brief) we filed earlier today in a case we’ve been following

The question is the applicable statute of limitations for regulatory takings claims under the Hawaii Constitution’s “takings or damagings” clause. The case started

Here’s the amici brief we’re filing today on behalf of the Owners’ Counsel of America, New Jersey property owners subject to natural gas pipeline takings, the Institute for Justice, and the Cato Institute, in support of a cert petition which is challenging the federal courts of appeals which have upheld giving prejudgment possession of property

Merriamscorner

Land users and dirt lawyers know Dwight Merriam. (And if you don’t, you are not really a land user, are you?)

He’s won landmark cases (has even beaten Yours Truly in one of those cases way back in the day). Written tons of articles and books. Edits Rathkopf. Contributes to Nichols. Mentored multiple generations