This morning, in this order, the U.S. Supreme Court declined to review the Colorado Supreme Court’s decision in the Carousel Farms case.
That’s it, that’s all we’ve got.
Emergencies, Police Power, Commandeering, And Compensation: Essential Readings
The current headlines — and a couple of inquiries from colleagues and clients — got us to thinking about government power in times of crisis and the tension between that power and property and other individual rights.
On one hand, court decisions going back over the centuries have told us that courts are reluctant to
New Cert Petition: Seattle’s “First In Time” Tenant Rule Is A Taking And Due Processey
Here’s the cert petition we’ve been eagerly awaiting in a case we’ve been following about Seattle’s rewriting of the traditional lessor-lessee relationship.
The petition arose out of facial takings and due process challenges to Seattle’s “first in time” rule for residential leasing. The city adopted an ordinance requiring owners to rent to the first tenant
Williamson County’s “Final Decision” Rule Lives! CA9: You Still Need To Ask The Govt For An Exemption To The Rules
This just in. In Pakdel v. City and County of San Francisco, No. 17-17504 (Mar. 17, 2020), a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a regulatory takings claim which the District Court threw out for not being ripe under Williamson County‘s “state procedures”
Educate And Entertain Your Stay-Home Kids With Takings Law!
For those looking for ways to productively occupy your stay-home-from-school kids the next couple of weeks, We’re offering online CLE’s on takings. Don’t let their time go to waste, have ’em learn property and condemnation law!
We volunteer for the Penn Central module. Who’s with us?!
Dusting Off An Old(er) Law Teaching And Tech Article
All the law schools moving from in-person to “remote” instruction got us to remembering that way back in the day, in the early days of the internet and email (1995, so really way back*), we wrote an essay in the Journal of Legal Education about the potential effects — good and bad — that might
Unboxing The 2021 (Scottsdale) ALI-CLE Eminent Domain Conference Swag: Get Yours Today!
Missed out on the 2021 ALI-CLE Eminent Domain and Land Valuation Litigation Conference swag?
Well fear not: here’s your chance to get your high-class reminder — a kit of road warrior essentials — to save the Conference date on your calendar. We’re already underway with planning the agenda and faculty, so it’s never too soon
#CoronavirusLaw: Is There A Difference Between “Commandeering” Property In An Emergency, And “Taking” It?
You remember the TV trope where Starsky, Hutch, or some other police officer is in hot pursuit of a dangerous criminal and flags down a motorist and “commandeers” their private vehicle and drives off?
We thought of that when we were reading the news reports about various governments invoking their emergency powers to respond to
Wash Your Hands!
A minimum of twenty seconds, they say.
To help you do it right, here’s a mantra / mnemonic for you to say (silently, please) while you accomplish the task.
Keep healthy, everyone!
Pennsylvania Coal Revisited: Outlawing Silica Mining Isn’t A Taking, Even Though Mining Rights Are “Property” Under State Law
Here’s the latest in a case we’ve been following that involves a local government prohibiting, via a zoning ordinance, the mining of silica (used as “frac sand”). Kind of like how Pennsylvania barred certain coal mining in our old friend, Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922).
In Minnesota (where our story