According to that trustworthy source Wikipedia, in drama, the term deus ex machina (“God from the machine”) “is a plot device whereby a seemingly unsolvable problem in a story is suddenly and abruptly resolved by an unexpected and unlikely occurrence. Its function is generally to resolve an otherwise irresolvable plot situation, to surprise the
We Already Have An Express Easement Allowing Public Foot Traffic On Private Beach. Walton County: Hold My Beer!
The U.S. Court of Appeals for the Eleventh Circuit’s recent opinion in A Flock of Seagirls LLC v. Walton County, No. 20-12584 (Aug. 5, 2021) isn’t about judicial takings, or even about eminent domain (even though a straight condemnation turned up in the factual background).
But this blog’s frequently flyers might want to
Third Amendment Lawyers Association (“ÞALA”): Eviction Moratorium Violates … The Third Amendment
We’re not entirely sure if this is “for real” or just an elaborate tongue-in-cheek spoof, but hey, there’s a website (“Give No Quarter!” and an invitation to “Become a Third Amendment lawyer”), a blog (“The Runt Piglet Squeals!”*), and the brief seems signed by an honest-to-goodness real lawyer and sure looks like it has a
South Carolina: City Reconnecting Stormwater Pipes That Previously Flooded Land Is The “Affirmative, Positive, Aggressive Act” Triggering Inverse
A short one from the South Carolina Supreme Court. In Ray v. City of Rock Hill, No. 28045 (Aug. 4, 2021), the court held that the city’s re-connecting its pipe that had previously flooded Ray’s property qualified as the “affirmative, positive, aggressive act” required by S.C. law as an essential element of a new
New Cert Petition: Building Permit That Comes With Requirement To Preserve Plants Is An “Exaction”
Check out this recently-filed cert petition, which asks the Court to review a California Court of Appeal decision about exactions.
It’s a somewhat odd situation: the county issued a building permit, but conditioned it (yes, the county tried to put a condition in a ministerial building permit!) on the property owners recording a deed
Inorganic Fruit: Statute That Allows Creditor To Seize Property From Third Party Rec’d From The Debtor Is A Taking
You just have to love any case that starts with the sentence, “Dried mangoes form the core of this commercial dispute, which involves a Fifth Amendment challenge…” Shades of Horne!
Well, you can add mangoes to your “healthy snack” list (hat tip CJ Roberts) and include the Supreme Court of Guam’s opinion
New Takings Complaint: $26 Billion For CDC’s Eviction Moratorium
Programming note: as we noted here, we’ve recently moved our email subscribers to a new service. If you are already subscribed to our email updates you should not need to do anything, except look for the emails coming from Feedblitz, not Feedburner. If you want to sign up for email updates anew
Join Us For The 39th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Jan 26-29, 2022 (Scottsdale, AZ)
All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:
- Property Rights as Civil Rights
- Eminent Domain National Update
- Just Relocation: Understanding the Law and Regulations to Ensure Fairness
- Challenging Public Use: Lessons From a 67-Day Trial
- COVID Takings
- Federal Court and the Daubert Challenge: How to
CA10 Deepens The Split: Williamson County’s “Final Decision” Requirement Is Prudential, Not Jurisdictional
Iin North Mill Street, LLC v. City of Aspen, No. 20-1130 (July 27, 2021), the U.S. Court of Appeals for the Tenth Circuit held that a claim that the city’s denial of a rezoning application to allow residential development effected a taking was not ripe because the city’s process also allows a property owner
Dream Job Alert: Con Law Fellow @PacificLegal
Heads up, property rights law nerds: looking at a career in public interest law? Here’s your chance for a one-year gig as a Constitutional Law Fellow at Pacific Legal Foundation.
You will be a “PLF Fellow,” a one-year position for law-school graduates. You will be added to litigation teams in on-going cases, receive hands-on