Why is it, you ask, that the ALI-CLE Eminent Domain & Land Valuation Litigation Conference (scheduled next February 1-3, 2024, in New Orleans) is an event that seems to be growing in popularity and attendance. In recent years, we have standing room only in the Conference halls, and have sold out the hotel block.
Maine: To Avoid A Judicial Taking, We’re Not Going To Alter Common Law – Property Owner May Remove Parts Of Neighbor’s Encroaching Tree
Property issues often boil down to neighbor relations. Where is the property line, can I pick fruit from my neighbor’s apple tree from my side? Her dogs take a dump on my lawn. And the like.
Those of you who practice in this area know that retail dirt law can be about the big issues
Asserting His Property Right To Exclude “toxic fecal matter,” Joe Montana Sues San Francisco For Inverse Condemnation
We’re posting this Complaint, not because it raises any new or novel issue, but because one of the plaintiff/property owners is San Francisco 49ers legend Joe Montana, who is suing San Francisco, alleging that the city’s maintenance of its stormwater/wastewater system (yes, the systems are one and the same) caused sewage to flood their
New Cert Petition: California’s Escheat Procedures Cheat Due Process (And Take Property To Boot)
Here’s the cert petition, recently filed, which asks the Supreme Court to review the California courts’ decision that the state’s “unclaimed property” statute — by which the State is able to grab billions of dollars of private property on the theory that the owners abandoned it. The statute requires the State to try and
Arizona Supreme Court To Decide Whether Condo Law Which Permits Association To Force Sale Of A Privately-Owned Unit Is A Taking
Here’s the Order by which the Arizona Supreme Court agreed to review a case we’ve been following.
The main issue is whether the Arizona condominium statute, which allows the condo association upon termination of the condominium regime, to sell individually-owned units is a taking under the Arizona Constitution.
Here are the questions presented:
FURTHER ORDERED:
They Say It’s Your Birthday, Well It’s Our (17th) Birthday Too, Yeah!
Every year at this time, it seems, we realize once again that as you get older, you overlook birthdays. Time speeds up, or maybe slows down. Very Proustian.
Thus, it occurred to us only yesterday that that this blog’s “birthday” was looming and we almost let it slip by without notice. It hardly seems like
CA9: Property Owner Has Standing To Challenge Commercial Eviction Moratorium Under Contracts Clause
This is one of ours — argued by our Pacific Legal Foundation colleague Kady Valois — so we won’t be offering any commentary.
But we just have to post the U.S. Court of Appeals’ opinion in Iten v. County of Los Angeles, No. 22-55480 (Aug. 30, 2023), because it discusses two significant issues, and
Register Now For The 20th Brigham-Kanner Property Rights Conference, Oct. 26-27, 2023
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