In Turner v. Jordan, No. 22-13159 (Sep. 17, 2024), the U.S. Court of Appeals for the Eleventh Circuit held that even though the federal courts have jurisdiction over Turner’s takings claim, the court nonetheless has the discretion to choose to wash its hands of the case in order to protect a state’s administrative procedures.
Va App: It Doesn’t Take Much To Allege Public Use In Inverse Condemnation
On the surface, the Virginia Court of Appeals’ opinion in Town of Iron Gate v. Simpson, No. 1588-23-3 (Sep. 17, 2024) deals with a straightforward issue in a straightforward way: the property owner’s inverse complaint adequately alleged that the Town’s flooding of her property was for a public use, and thus properly survived the
The Real “Prime Directive” – Happy Constitution Day 2024
On the day we celebrate Constitution Day (or should we say Khaaaaan-stitution Day?) we have to admit that pretty much nothing beats One Named Kirk’s reading of the Preamble.
KIRK: This was not written for chiefs.Hear me! Hear this! Among my people, we carry many such words as this from many lands
Guns N’ Encloses: While Figuring Out Gun “Sensitive Places,” CA9 Backhandedly Upholds The Right To Exclude
The gunfight at the OK Corral is about all we know
about bearing arms in public places.
There’s a lot going on in the U.S. Court of Appeals for the Ninth Circuit’s opinion in Wolford v. Lopez, No. 23-4356 (Sep. 6, 2024), and none of it is about takings, at least directly. And the
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Friday, Sep 13 2024
My love: I am writing this just in case. For the past several days since I’ve been in Williamsburg, I’ve had a low-grade fever, which was one of the symptoms Dr. Lee said would indicate something to not let slide. When it wouldn’t go away for a few days, I went
21st Brigham-Kanner Property Rights Conference Now Underway
The 21st Brigham-Kanner Property Rights Conference is underway at the William and Mary Law School. We have a series of student-oriented programs (co-sponsored by the Office of Careers Service),
Tomorrow, lawprof Lee Anne Fennell of the University of Chicago Law School will be presented the Brigham-Kanner Property Rights Prize for her work on “how
New Article: “The Benefits of the Fourth Amendment’s Property-Rights Baseline”
Regular readers know that in addition to our focus on Fifth Amendment property rights, we’re also looking at the Fourth Amendment as a vehicle that protects and promotes property rights.
In that vein, here’s a forthcoming article that is worth reading,”The Benefits of the Fourth Amendment’s Property-Rights Baseline,” by lawprof Nicholas Alden Kahn-Fogel.
Court To Phoenix: Clean Up Your Act!
A frequent vibe in cases where a member of the public asks a court to compel a local government to do something about an undesired land use (i.e., “the city should stop my neighbor from illegally renting their property,” or “the police should remove the pop-up unlicensed food stand on the sidewalk in
CA9: No Taking For Charging School Fees, Because Idaho’s “Free Common Schools” Clause Does Not Create Private Property Interest
We don’t see any free public education here.
Some old-school property “sticks” analysis from the U.S. Court of Appeals for the Ninth Circuit in Zeven v. Jones, No. 23-35438 (Aug. 23, 2024), worth checking out.
The Idaho Constitution has a “free common schools” clause:
The stability of a republican form of government depending mainly
Michigan, Over Dissent, Declines To Hear Co-19 Shutdown Takings Case
In this Order, the Michigan Supreme Court declined to consider a case which challenges the Michigan governor’s Co-19 shutdown executive orders, which, in the words of the dissenting Justices, reached “nearly every aspect of life in our state.”
There have been a lot of cases asserting that Co-19 shutdowns are takings, with most (