Well, that was quick. Last month, as we reported here, the a Ninth Circuit panel held that the City of Oakland, California, could require property owners to pay thousands of dollars in what is branded “relocation fee” to their tenants as a precondition of the owner moving into their own property. This isn’t an
Burling to Receive William & Mary Law School’s 2022 Brigham-Kanner Property Rights Prize
Some good news: our Pacific Legal Foundation colleague Jim Burling is slated to receive the 2022 Brigham-Kanner Property Rights Prize in September.
Check out the media release, with more details:
James Burling, Vice President of Legal Affairs at Pacific Legal Foundation, will receive the 2022 Brigham-Kanner Property Rights Prize at William & Mary Law School’s
CAFED: Fed Takeover Of Fannie Mae & Freddie Mac Not An “Exaction,” Not A Taking
We gotta be honest here: when the substantive portion of an opinion (even an opinion about takings and exactions) begins with, “Congress created the Enterprises to, inter alia, provide liquidity to the mortgage market…” our eyes kind of glaze over. It’s going to be one of those opinions.
But we soldiered on, and slogged
Wash App: No Taking Of Right To Exclude Because Eviction Moratorium Merely Lets Tenants Remain
Lately, we’ve been zeroing in on one of the lesser known parts of the Supreme Court’s takings canon, Yee v. City of Escondido, 503 U.S. 519 (1992), where the Court concluded that a city ordinance that limited the amount a property owner could charge a tenant for rent was not a physical invasion taking.
New Article: Common Sense and Common Law: Defining “Property” in Cedar Point v. Hassid
Thank you to the editors over at The Practical Real Estate Lawyer for publishing my missive on Cedar Point Nursery v. Hassid, the U.S. Supreme Court’s recent blockbuster regulatory takings decision (and for letting me post a copy of the article here so it is available even if you are not a PREL subscriber).
Important Developments In Canada (No, Not That!): Supreme Court Hears Argument In “Takings” Case
Sorry about the headline, but come on, man! We have to use clickbaity headlines every now and then to get your attention. Here’s the latest in a case we’ve been following.
Yesterday, the Supreme Court of Canada heard oral arguments in Annapolis Group Inc v. Halifax Regional Municipality, a case involving “de facto
IRWA’s Summary Of Major Eminent Domain Cases & Legislation (June-Dec 2021)
Check this out: the International Right of Way Association’s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.” (This is the “international” right of way association, so that last qualifier is important.)
And what is really nice is that they make the report available
2022 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Scottsdale: You Should Have Been There!
After a two-year absence in which we went remote, in the last week of last month (our usual spot on the calendar, between the playoffs and Super Bowl), we once again met in-person for the American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference.
Approximately 200 lawyers, judges, legal scholars, appraisers, law students
CA9: We Reject Legislative/Administrative Distinction In Exactions, But City Requirement That Owners Pay Tenant To Move Back Into Their Home Isn’t A Taking
Before we go further into the Ninth Circuit’s opinion in Ballinger v. City of Oakland, No. 19-16-550 (Feb. 2, 2022), this disclosure: this is a case in which our law firm represents the property owners. So take that into account as you read our take on the case.
The Ballingers own a home
That’s A Wrap For The 39th ALI-CLE Eminent Domain & Land Valuation Litigation Conference. See You At The 40th In 2023 In 2023 In …
As usual, Michael Berger and Jim Burling kept the room filled on a Saturday morning, and informed and entertained.
After their presentations, and the National Forum at which practitioners from around the country briefed us all about the issues in their respective jurisdictions, we wrapped up the 39th ALI-CLE Eminent Domain & Land Valuation Litigation