Come join us in Williamsburg, Virginia at the William and Mary Law School for the 21st edition of the Brigham-Kanner Property Rights Conference. The Conference is unique, because its express purpose is to bring property legal scholars and property law practitioners together to discuss, what else, property and property rights law.
Yes, there’s a
This one is a must-read.
In Darby Dev. Co., Inc. v. United States, No. 22-1929 (Aug. 7, 2024), the U.S. Court of Appeals for the Federal Circuit held that the Court of Federal Claims should not have dismissed Darby’s complaint for failure to state a physical invasion takings claim.
The short takeaways:
Check this out, the latest takings cert petition from the Pacific Legal Foundation shop.
Since this is one of ours (our colleague Chris Kieser is in the lead), we’re not going into too much detail, but will say that this involves ripeness in a regulatory takings claims, a topic we’ve been focused on a
If you are in the California Southland (or plan to be in the next week), please be sure to reserve on your calendar Tuesday, August 13, 2024, to join us in-person for the launch of our colleague Jim Burling‘s forthcoming book, “Nowhere to Live: The Hidden Story of America’s Housing Crisis.”
Here’s an article worth reading, just posted to SSRN, Procaccini, The End of Means-End Scrutiny (July 29, 2024).
For your takings and individual liberty nerds, please focus on pages 36-38 (showing how takings analysis is not accomplished by the usual means-ends scrutiny), pages 40-42 (social and economic liberties), and pages 43-44 (searches and seizure).
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