When we hear “Pennsylvania” and “coal,” our ears perk up and we naturally think of this case and regulatory takings.
But the Pennsylvania Supreme Court (Western District)’s opinion in DPBS Coals, Inc. v. Penn. Dep’t of Transportation, No. 41 WAP 2019 (Jan. 20, 2021) isn’t a regulatory takings case, but dealt with more traditional
A landowner in Afghanistan sued the United States for taking land he allegedly owned for use as a combat base.
Prove you own this land, the Government responded. The first step to doing that is to attach to the complaint documents that make out a prima facie case of ownership. Otherwise, dismissal for failure to
Regulatory takings challenges are no doubt tough. Especially Penn Central regulatory takings challenges. Facial Penn Central regulatory takings claims, moreso.
The U.S. Court of Appeals’ opinion in Clayland Farm Ents, LLC v. Talbot County, No. 19-2102 (Feb. 9, 2021) – the latest in this case we’ve been following – proves the point. The court
The latest issue of The Urban Lawyer, the scholarly law journal of the ABA’s Section of State and Local Government Law (our Section) has been published. Takings mavens are going to like this one:
Back to blogging…
Here’s the latest cert petition on an issue we’ve been following for a while (see here, here, here and here, for example). Is invalidation of an already-issued patent via inter partes review a taking?
In this case, the Federal Circuit held no taking, consistent with its earlier opinion
Some news: as of today, February 1, 2021, I am joining my long-time friends at Pacific Legal Foundation, and as I noted in this post (“Announcement, pt. 1: Let’s Just Kiss And Say Goodbye“), have retired from the private practice of law and my firm, Damon Key Leong Kupchak Hastert.
What’s
Some news: as of yesterday, January 31, 2021, I have retired from the private practice of law, and from my long-time spot as a Director (partner) in Damon Key Leong Kupchak Hastert.
I’m not leaving the practice of law (this blog will continue in the same format) it’s just that I will
If we were to ask you for your best guess whether a state’s ban of “bump-fire” stocks (a topic we’ve covered before) effects a regulatory taking, requiring compensation, what might you predict as the result knowing nothing else about the case?
As we noted here, it doesn’t take a rocket scientist (or even
We’re kidding of course, but who said we can’t have a bit of fun at legal CLE’s? More on the Conference when the day ends.
Yes, it starts tomorrow, Thursday, January 28, 2021, but we’re “remote” this year, so it is not too late to register to join us for the 38th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference. This is the “big one” where the nation’s best practitioners, scholars, jurists, and other industry professionals gather to talk