A really quick one from the U.S. Court of Appeals for the Seventh Circuit.
In Willow Way, LLC v. Village of Lyons, No. 22-1775 (Oct. 5, 2023), the panel held that the plaintiff/property owner did not sufficiently plead federal diversity of citizenship jurisdiction over his state law takings claim.
After providing notice, the Village
A short one from the U.S. Court of Appeals for the Ninth Circuit.
In Jevon v. Inslee, No. 22-35050 (Aug. 8, 2023), the panel summarily concluded that a takings challenge to the Washington governor’s eviction moratorium — imposed in response to the Co-19 emergency — is moot.
The plaintiffs limited the relief sought to
The Mothership
We’re spending a couple of days in Philadelphia at the American Law Institute mothership [insert angelic music soundbyte here], as ALI members meet to continue the work on the Restatement (Fourth) of Property.
Very interesting stuff for us Dirt Lawyers. Partition, leases, holdover tenants, statute of frauds, and the like. You
In MB Financial Bank N.A. v. Brophy, No. 128252 (Sep. 21, 2023), the Illinois Supreme Court clarified that in non-quick take actions (aka straight takings), the date on which title transfers — which is the date on which the owner actually is deprived of the property — is when the owner is relieved of
Here’s what we’re reading about the Supreme Court’s property rights docket — some good, some disappointing — this day.
To us, one of the strangest things in constitutional law is the conclusion that although private property is a fundamental right for purposes of the Just Compensation Clause, it isn’t fundamental for purposes of the Due Process Clause. When your private property is taken you must be provided compensation. But when you are deprived of
We’re not going to ask you to read the entire 24 pages of the Washington Supreme Court’s 5-4 opinion in Gonzales v. Inslee, No. 1000992-5 (Sep. 28, 2023), in which the court seriatim rejects every challenge to the Governor’s Co-19 emergency eviction moratorium for tenants, which allowed tenants who did not pay rent to
“I’ll take ‘Words I Like to See’ for $800, Alex.“
In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.
“I’ll take ‘Words I Like to See’ for $800, Alex.“
In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.
The first is Devillier v. Texas (the