Have thoughts about where regulatory takings are (or should be) headed? Here’s your chance to get in on the conversation, and to shape the future of the law. Our outfit, the Pacific Legal Foundation, in cooperation with the Antonin Scalia Law School’s Journal of Law, Economics, and Policy, are calling for papers on “Imagining the
February 2024
Too Soon For CA5 To Figure Out Whether City Demolishing Property For Code Violations Is A Taking
In Rhone v. City of Texas City, No. 22-40551 (Feb. 14, 2024), the U.S. Court of Appeals for the Fifth Circuit held that a municipality’s conclusion that Rhone’s apartment building had not been properly maintained, and a subsequent municipal court demolition order, might be a taking … or it might not be.
We won’t…
“What is Inverse Condemnation?” Join Us In the EDROW Clubhouse, March 6, 5pm, To Find Out (And More)
Save the date (and time): next Wednesday, March 6, 2024, at 5:00 p.m., Eastern Time, as we rejoin our friends and colleagues Patrick McAllister and Beth Smith, as they co-host the Eminent Domain and Right of Way Club.
We’ll be joining them to try and answer that question, “What is Inverse Condemnation?” As Patrick…
Pass A Good Time: Our Report From The 41st ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Feb 1-3, 2024, New Orleans
When it comes to the longstanding ALI-CLE American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conferences, we’re always ready to go. You know that. But this year’s version — the 41st — was buzzing like no other in recent memory.
Maybe it was the New Orleans venue with its atmo, food, and music for…
DC App: $350k Loss In Value Due To Home’s Historic Designation Not A Penn Central Taking
The DC Court of Appeals’ (note: not the U.S. Court of Appeals for the D.C. Circuit) opinion in Gordon v. District of Columbia, No. 20-CV-0568 (Feb. 15, 2024), presents a good cross-section of property rights issues. Not a good outcome on property rights issues, mind you.
If nothing else, be sure to check out…
2024 Distinguished Gifford Property Lecture – Professor Carol N. Brown (Richmond Law) (March 12, 2024, U. Hawaii Law School)
Join us and our Land Use class, in-person on the campus of the University of Hawaii Law School (or online via Zoom, where it will be livestreamed), as Richmond Law lawprof Carol Brown delivers the 2024 Distinguished Gifford Lecture in Real Property, on March 24, 2024, at 4:40 p.m. Hawaii Time in the Cades…
SCOTUS Denies Review To Remaining Rent Control Takings Petitions: “Important and pressing question” (Just Not In This Case)
Yesterday, the other shoe dropped. In this order the U.S. Supreme Court denied review to a case that we’ve long been following, which challenged aspects of New York’s draconian rent control laws as a taking, 74 Pinehurst v. New York.
We say the “other shoe” because ever since the Court denied review months…
Presentation of the Owners’ Counsel of America Crystal Eagle to Professor Emerita Lynda L. Butler of the William & Mary Law School (Feb. 3, 2024)
[Barista’s note: this is the text of our introduction of William and Mary Law School Professor Lynda L. Butler during the Owners’ Counsel of America presentation of the Crystal Eagle award earlier this month in New Orleans.]
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For over four decades, Professor Lynda Butler of the…
Peace Out: CA9 OK’s Pre-Enforcement Challenge To Rent Control Statute
Check out the U.S. Court of Appeals’ opinion in Peace Ranch, LLC v. Bonta, No. 22-16063 (Feb. 13, 2024), where the court concluded that the owner of a mobilehome park could bring a federal court challenge to a California statute, even before the state applied the statute and enforced it.
There’s a mobilehome park…
Sad 191st Birthday To You, Barron v. Baltimore (Feb. 16, 1833) – The First SCOTUS Takings Case?
Today’s the day, 191 years ago, when — a mere 5 days after oral arguments — the U.S. Supreme Court issued its (in)famous opinion in Barron ex rel. Tiernan v. Mayor and City Council of Baltimore, 32 U.S. 243 (1833).
Generations of law students study this one in their Con Law classes, and it …






