We were all set to write up our in-depth analysis and post our deep thoughts on the California Court of Appeal’s opinion in Pacific Gas and Electric Co. v. Superior Court, No. C097529 (Sep. 21, 2023), a case involving the question of “necessity,” the burden of proof, and whether a legislature’s assertion that a
Wed Oct 19 6pm ET – “‘Erasing the Black Spot’ – How Virginia Universities Have Disrupted Black Neighborhoods” (Hampton University)
If you happen to be in the Hampton Roads neighborhood later this week, you may want to consider paying a visit to Hampton University for what looks like an intriguing program:
Exclusive Event: ‘Erasing the Black Spot’ – Oct. 19
The Virginia Center for Investigative Journalism at WHRO and ProPublica Present “Erasing the Black
CA10: Absence Of Restrictions On Land Uses Isn’t A Due Process Property Right
In Van Sant & Co. v. Town of Calhan, No. 22-1190 (Oct. 13, 2023), the U.S. Court of Appeals for the Tenth Circuit considered the claim of the operator of a mobile home park who asserted a due process property right to instead use its property as a RV park. Here’s why the court
Fifth Circuit Kicks Down The SWAT Takings Door (And Boots The Issue Upstairs)
Here’s the latest in a case and an issue we’ve been following.
Recall that the U.S. District Court for the Eastern District of Texas concluded that the City of McKinney, Texas was liable for the taking of Vicki Baker’s home, after city police officers destroyed a large part of it while apprehending a suspect
CA7: When Pleading A Diversity-of-Citizenship State Takings Claim In Federal Court, It Helps To Allege The Plaintiff’s Citizenship
A really quick one from the U.S. Court of Appeals for the Seventh Circuit.
In Willow Way, LLC v. Village of Lyons, No. 22-1775 (Oct. 5, 2023), the panel held that the plaintiff/property owner did not sufficiently plead federal diversity of citizenship jurisdiction over his state law takings claim.
After providing notice, the Village
No “Brooding Presence” – Takings Challenge To Co-19 Eviction Moratorium Seeking Declaratory Relief Is Moot
A short one from the U.S. Court of Appeals for the Ninth Circuit.
In Jevon v. Inslee, No. 22-35050 (Aug. 8, 2023), the panel summarily concluded that a takings challenge to the Washington governor’s eviction moratorium — imposed in response to the Co-19 emergency — is moot.
The plaintiffs limited the relief sought to
Backing Into Williamson County Again – CA6: We Already Said That State Officials Sued Individually For Compensation Have Qualified Immunity
Restating Dirt Law At The American Law Institute
The Mothership
We’re spending a couple of days in Philadelphia at the American Law Institute mothership [insert angelic music soundbyte here], as ALI members meet to continue the work on the Restatement (Fourth) of Property.
Very interesting stuff for us Dirt Lawyers. Partition, leases, holdover tenants, statute of frauds, and the like. You
Illinois: In Straight Takings, Title Transfers Only After Compensation Is Paid, So Property Owner Is Responsible For Property Taxes During The Litigation
In MB Financial Bank N.A. v. Brophy, No. 128252 (Sep. 21, 2023), the Illinois Supreme Court clarified that in non-quick take actions (aka straight takings), the date on which title transfers — which is the date on which the owner actually is deprived of the property — is when the owner is relieved of
Supreme Court Property Rights Round-Up
Here’s what we’re reading about the Supreme Court’s property rights docket — some good, some disappointing — this day.
- Niina Farah, “Supreme Court flooding case could ripple across the energy sector“ (E & E News / Energywire) – About the Devillier case (which we summarized here), in which we were