Here’s a new law journal article, just published, which we recommend everyone read.
Michael M. Berger, “Whither Regulatory Takings,” 51 Urban Lawyer 171 (2021). Available online here.
If you need encouragement to read it, here’s a sample:
The thrust of this article is severalfold. First, Holmes was right. His simple conclusion on
Check out the U.S. Court of Appeals’ opinion in F.P. Development, LLC v. Charter Twp. of Canton, No. 20-1147 (Oct. 13, 2021), in which the court affirmed the district court’s grant of summary judgment to the property owner on its unconstitutional conditions takings claim.
Short story: Canton’s tree ordinance prohibits property owners from removing
Here’s the latest in a case we’ve been following (one in which we guessed from the beginning was headed where it is today).
The Zitos claim that their property was taken without compensation. They sued for compensation in federal court. Knick tells us that this is okay, right? Well, the problem for the Zitos is
It’s already the law in Georgia that the Georgia Constitution’s Takings Clause waives whatever sovereign immunity the government may enjoy when it comes to monetary relief in a takings claim. See Ga. Dept. of Nat. Res. v. Center for a Sustainable Coast, 755 S.E.2d 184 (2014).
But it remained an open question whether the
Worth reading: an article in ALI-CLE’s Practical Real Estate Lawyer, authored by our friends and colleagues Steve Clarke, Justin Hodge, Jeremy P. Hopkins, and Christian Torgrimson, “Inverse Condemnation: Standards and Burden of Proof.”
A subscription to PREL costs, but for this issue the good people at ALI have made it available for
We don’t read the New York Times all that much these days, but we couldn’t resist commenting on the recent op-ed authored by a former federal government lawyer that takes issue with recent decisions by the U.S. Supreme Court, “The Supreme Court Has Gone Off the Rails” (Oct. 4, 2021).
On one hand
As we’ve said before, you don’t need to know much about takings doctrine to understand that a challenge wherein the property alleged to have been taken are “bump stocks” — devices that allow rapid activation of a semi-automatic rifle such that it roughly imitates a fully-automatic weapon — to understand that courts
Joe Waldo leading off the Conference with a remembrance of
Toby Prince Brigham, for the eminent property rights practitioner
for whom the Conference is named.
I was honored to speak today at the 2021 Brigham-Kanner Property Rights Conference, and here’s a rough transcript of my remarks.
Seeking Justice Through Just Compensation
Dean Spencer, Professor
Next Tuesday, September 28, starting at 12:50pm ET, we’ll be moderating a talk sponsored by the William and Mary Law School chapter of the Federalist Society.
Professor Ilya Somin, a nationally-recognized expert in eminent domain, takings, and related topics, is zooming in to speak about “Cedar Point Nursery v. Hassid and the Future