In Haggart v. United States, No. 21-1660 (June 22, 2022), the U.S. Court of Appeals for the Federal Circuit held that the Uniform Relocation Act is like a lot of other fee-shifting statutes, and does not authorize attorneys fees for work performed by a lawyer if that lawyer is one of the litigants. Slip
Owners’ Counsel Toby Prince Brigham Scholarship – Applications Being Accepted!
In honor of property rights advocate and trial lawyer Toby Prince Brigham (1934-2021), Owners’ Counsel of America has endowed a scholarship for a second- or third- year law student to attend the annual three-day ALI-CLE Eminent Domain and Land Valuation Litigation Conference (the upcoming Conference will be in Austin, Texas, February 2-4, 2023.
In honor
New Cert Petition: Copyright Or Takings? (And State 11th Amendment Immunity)
Here’s the latest – a cert petition in a case (and an issue) we’ve been following that asks can a government action that is a violation of copyright also be a taking?
Bynum wrote, researched, and edited a book, a biography of Texas A & M’s famed “12th Man” of the football squad.
Monday Round Up: Aina Lea Out With A Whimper, 30 Years Of Mabo, Seneca Village
Here’s what we’re reading today:
- Aina Lea regulatory takings case dismissed for lack of standing. State of Hawaii’s press release here.
- It’s the constitution…it’s Mabo. It’s justice. It’s law. It’s the vibe. “How the Mabo decision changed Australia 30 years on” “On June 3, 1992, after years of legal struggle, the
Happy 807th Birthday, Magna Carta. We Need Just Compensation “Stat!”
807 years ago today on a grassy plain down by the river, the barons convinced bad King John to affix his seal to Magna Carta. And boy was that guy bad even by the standards of medieval royals: when you type “bad king…” in your search engine, the first suggested search is
New Article: Serkin, “What Property Does,” 75 Vand. L. Rev. 891 (2022)
Worth checking out: Christopher Serkin, What Property Does, 75 Vand. L. Rev. 891 (2022).
Covering (inter alia) property, rule against perpetuities, adverse possession, Lucas background principles, judicial and regulatory takings, Mahon v. Keystone Bituminous, and vested rights and amortization of preexisting uses.
Here’s the abstract:
For centuries, scholars have wrestled with
CA6: Dammed If You Do – Takings Claim Is Ripe When Govt Decides To Physically Invade And You Don’t Need To Wait ‘Til It Actually Invades
We’ve been meaning to post the U.S. Court of Appeals for the Sixth Circuit’s opinion in Barber v. Charter Twp of Springfield, No. 20-2298 (Apr. 11, 2022) for a while because it emphasizes an important point about “final decision” ripeness, and the sometimes ridiculous arguments made to support an argument that a takings claim
Brigham-Kanner Property Rights Journal Vol. 10 Now Available
In case you have not already obtained your printed copy (you really should subscribe), it is now available in pdf format.
The theme for the issue is “Where Theory Meets Practice,” and with articles on “Property Beyond Flatland,” “Property Rights and the Modern Resurgence of Rent Control,” “Hurdles to Just Compensation,” “Implied Preemption in
CAFED: Flooded Property Owners Owned Property
We’ve covered some of the litigation against the federal government for its actions flooding property during Hurricane Harvey, including at least one from the “upstream” owners. Well here’s one from the case involving the “downstream” owners.
In Milton v. United States, No. 21-1131 (June 2, 2022), the U.S. Court of Appeals for the
Cert Granted: Is The Quiet Title Act’s Statute Of Limitations Jurisdictional?
A hearty congratulations to our Pacific Legal Foundation colleagues Jeff McCoy (counsel of record), Jim Manley, Damien Schiff, and Ethan Blevins for today’s cert grant in a case that brings together dirt lawyers and federal courts nerds.
Wilkins v. United States asks whether the (federal) Quiet Title Act’s statute of limitations is “jurisdictional,”