You recall that a short while ago, in Oil States Energy Servs., LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018), the Supreme Court held that patents are a form of “public property” (more like a government-created entitlement), and thus Congress can withhold the usual Article III tribunal and a jury when
Cases And Materials From Today’s WM Law ACS Talk: “Pipelines at the Intersection of Environmental, Administrative, and Property Law: How Divergent Interests Joined Forces To Challenge Big Energy”
We just completed a fun hour-long talk with the students in the William and Mary Law School’s American Constitution Society, the Native American Law Society, and the Society on Environmental and Animal Law about the various pipeline cases that are ongoing nationwide. (If our tech worked, we shall post the audio recording in a future
William & Mary Spring Course: “No Property in Man” – Slavery And Property Rights
Update: here’s a report (video included!) about our spring “field trip” to what arguably is the birthplace of a “more perfect union” (which just happens to be right down the road from William and Mary Law School).
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This semester, we’re teaching a short course at William and Mary Law School (and yes, thanks to
Latest Ep. Eminent Domain Podcast: Carousel Farms Cert Petition, William & Mary Law
Here’s the latest episode of Clint Schumacher’s Eminent Domain Podcast. Featuring an interview with the Institute for Justice’s Robert McNamara about an eminent domain case we’ve been following, Woodcrest Homes, Inc. v. Carousel Farms Metro. Dist., No. 19-607 (cert. petition filed Nov. 7, 2019). Also included, a short talk with Delia Root
Sixth Circuit Reminds Us That Rooker-Feldman Does Not Limit Judicial Takings Cases
After the recent demise of Williamson County‘s state procedures requirement, we’ve been looking at other ways in which takings claims raised in federal courts may be challenged. You know, things like the Eleventh Amendment, the still-valid final decision rule, full faith and credit and res judicata, and our old favorite obscure
Substantial Loss Of Access — Even If Not Total — Is A Taking
The local government does stuff that local governments do. Things like improve nearby roads. In doing so, they often interfere with the ingress and egress that nearby landowners enjoy.
In Clark v. City of Pembroke Pines, No. 4D18-3549 (Feb. 26, 2020), the city had many reasons for erecting concrete barriers (among them the closure
Mass: No Takings Claim For Flooding Because Owner Let It Happen For A Long Time
A super short one (a hair over 4 pages) from the Massachusetts Supreme Judicial Court.
In Gentili v. Town of Sturbridge, No. SJC-12810 (Feb. 24, 2020), the court made short work of a property owner’s claim that an earlier Land Court verdict concluding that the town had obtained a prescriptive easement to discharge storm
Carousing at Carousel Farms: Final SCOTUS Cert-Stage Briefs In Colorado Eminent Domain Abuse Case
The last two cert-stage briefs have been filed in a case we’ve been following for a while (since it was decided by the Colorado Court of Appeals).
In Carousel Farms Metro. Dist. v. Woodcrest Homes, Inc., 444 P.3d 802 (Colo. App. 2017), the appeals court invalidated an attempt to exercise eminent domain to
Just Compensation Site Visit: The First Right “Incorporated” Against States, And Local Govts
Where is this? The clues are all in the picture.
You’ve seen the citation so many times, your eyes probably gloss over it. After all, Westlaw lists it with 4,507 “Citing References.” That’s a heckuva lot of citations to a single case.
Like this one, pulled from a recent random federal district court opinion:
And
Steve Silva (Taking Nevada) On Flood Takings, Torts, And Tortes
We were all set to take a deeper dive into the Court of Federal Claims’s recent opinion in the “downstream” Harvey flooding cases (we could not do so at the time the opinion was issued last week because we were tied up doing real lawyer stuff), when our Reno, Nevada colleague Steve Silva (who most