Early registration is a good thing because space is limited, especially at the Wren Building banquet on the 26th, at which the 2023 B-K Property Rights
DC Circuit: US Copyright Office’s Requirement To Turn Over Copies Is A Taking
The buried lede in the U.S. Court of Appeals for the D.C. Circuit’s opinion in Valancourt Books, LLC v. Garland, No. 21-5205 (Aug. 29, 2023) is that the government doesn’t have that big of a role in copyrights, at least in the bare minimum of copyright protections.
We’re no copyright experts (that’s an understatement)
CA1: Settling A Just Compensation Claim Trades Your Property Rights For Contract Rights – Which, Unlike Just Compensation Claims, Can Be Wiped Out In Bankruptcy
Remember that recent First Circuit case which held that just compensation judgements cannot be subject to a governmental bankruptcy plan (cert denied, by the way)? There, the court concluded that “[t]he Fifth Amendment provides that if the government takes private property, it must pay just compensation. Because the prior [bankruptcy] plan proposed by
Lawprof Shelley Ross Saxer Joins Bloomberg Law Podcast On Maui Wildfires And Inverse Condemnation
Here’s our colleague and friend, Pepperdine lawprof Shelley Saxer, an expert on inverse condemnation and its use in mass disaster cases, on the use of inverse condemnation as a theory of recovery for the Maui disaster. Here’s the description from Bloomberg Law Podcast:
“Shelley Ross Saxer, a law professor at Pepperdine University, discusses the Lahaina
Our Drive-Time Conversation About Hawaii Inverse Condemnation And Wildfires
On this morning’s drive-time program, we joined KHVH’s Rick Hamada about whether Hawaii might adopt California’s version of inverse condemnation liability in wildfire cases. We also tried to clear up a few misconceptions (gad, I used “disinformation,” a term I try to eschew).
Here’s the program description:
Inverse Condemnation and Maui Wildfires: A Conversation with
“YIMBY Martial Law” – More On Hawaii Gov’s Gordian Knot Cutting
Here’s an excellent report on a situation we’ve been following, the Hawaii governor’s proclamation of a housing emergency. In “To Tackle Highest Housing Costs in the Country, Hawaii’s Governor Declares YIMBY Martial Law,” Christian Britschgi at Reason writes:
Developers with a [Beyond Barriers] working group [what we cheekily referred to as
New Cert Petition: Overrule Penn Central!
Here’s the latest in a case we’ve been following.
In this cert petition, the property owner is asking the U.S. Supreme Court to review an unpublished decision of the Ninth Circuit which rejected both Lucas and Penn Central takings claims.
Here are the Questions Presented:
1. Should this Court overrule in its entirety
“Zoning is the most important local law you’ve never heard of” – Hawaii Zoning Atlas Published
Where you can build 1-4 family residences by right
The Hawaii Zoning Atlas project has announced publication of the Hawaii Zoning Atlas, an “interactive map [that] explores how restrictive zoning laws can make it difficult to build diverse, affordable housing.”
The official announcement notes:
The map is based on an original dataset compiled by
The Downside Of Seeking Injunctive Relief In Takings Cases
A fairly short one from the U.S. Court of Appeals for the Fifth Circuit.
In Sheffield v. Buckingham, No. 22-40350 (July 31, 2023), the court affirmed the district court’s declining to issue a preliminary injunction enjoining State of Texas officials from enforcing the Open Beaches Act.
The presumptive public/private boundary on beaches in Texas
Owners’ Counsel Toby Prince Brigham Scholarship – Applications Being Accepted
Two years ago, Owners’ Counsel of America endowed a scholarship in the name of its founder, property rights advocate and trial lawyer Toby Prince Brigham (1934-2021). The scholarship is for a second- or third- year law student to attend the annual three-day ALI-CLE Eminent Domain and Land Valuation Litigation Conference (the upcoming Conference will be