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At the recent ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Nashville, our colleagues, New York’s Jon Houghton and Hawaii’s Dave Day presented a very informative program on litigating regulatory takings cases. Jon is a property owner-side lawyer, while Dave is a Deputy Attorney General who represents the State of Hawaii in such cases. So it was a practical and balanced presentation.

Well, Jon and Dave are taking (pun intended) it to the next level. On Friday, April 24, 2020 at 2-3pm Eastern Time, they will be presenting “Strategies for Litigating Regulatory Taking Cases” in a webinar produced by ALI-CLE. This isn’t simply a repeat of their Nashville program, but they will be exploring in more detail the practicalities of building and defending these difficult cases. 

Here’s the description of the program:

The U.S. Constitution provides that private property may not be taken for public use without just compensation. When a government regulation substantially reduces or eliminates the value of property, a regulatory taking claim may be present. To successfully litigate one of these cases, it is essential to have a firm understanding of the different tests courts may apply to determine if a taking has occurred, how to compute fair compensation, and what evidence must be presented to support or defend both. If you are or may be involved in a regulatory taking case, set aside one hour to learn strategies from government and landowner attorneys, and benefit from the differing perspectives on litigating these types of claims from both sides of the aisle. 
 
This webcast will present a unique look behind the curtain at how the two opposing sides approach prosecuting and defending a regulatory taking claim. Discussions will address building a case, using experts, potential motions practice, and trial strategy. Specific topics include: 
  • Litigating a Lucas claim
  • Loss of economically beneficial uses
  • Complete elimination of value
  • Litigating a Penn Central claim
  • Distinct investment-backed expectations and the economic impact of the regulation
  • Character of the government action
  • Background principles
  • Establishing the Murr factors
  • Just compensation and appraisals

More details on the program, including registration information here

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Are we signing up and listening in? You bet.