February 2024

Screenshot 2024-02-13 at 06-58-13 Professors' Corner - Legislative Exactions & Sheetz v. Co. of El Dorado

Join us at 12:30pm ET today, Tuesday, February 13, 2024, for the ABA’s Section of Real Property, Trust and Estates’ monthly Professor’s Corner, where we will join exactions experts Prof Tim Mulvaney, Andrew Gowder, and Prof Elizabeth Elia to discuss the Supreme Court arguments, the issues in the case, and what may be down

Illinois adopted a statute that tweaked public pensions:

On January 1, 2020, Public Act 101-610 became effective and amended, in pertinent part, portions of the pension code to consolidate all applicable local police and firefighter pension fund assets into two statewide pension investment funds, one for police and the other for firefighters. Pursuant to the

NCSCT
The historic Supreme Court of North Carolina.

Here’s the latest in a somewhat strange case we’ve been following about what happens after a court determines that a taking lacks a public use — but the condemnor goes ahead and just seizes the property anyway.

The Town of Apex, North Carolina, sought to take an easement

A quick per curiam from the Ohio Supreme Court.

In State ex rel. AWMS Water Solutions, LLC v. Mertz, No. 2023-0125 (Ohio Jan. 24, 2024), the court issued a gentle (or maybe not-so-gentle) “benchslap” to the court of appeals. Here’s the scenario.

First of all, recall that Ohio does not recognize a

Screenshot 2024-02-05 at 12-23-56 Missed Opportunities in State Takings Challenges to Pandemic-Era Restrictions

Thank you to the Brennan Center for Justice at NYU Law School’s State Court Report (#statecourtreport) for publishing our piece “Missed Opportunities in State Takings Challenges to Pandemic-Era Restrictions.” The title gives a hint about what this is about: how state and local government’s reaction to Co-19 spurred challenges not only under the U.S.