Check this out, a recently-published article in the Virginia Law Review, Aziz Z. Huq, “Property against Legality: Takings after Cedar Point,” 109 Va. L. Rev. 233 (Apr. 10, 2023).
Here’s the abstract:
In the American constitutional tradition, a zealous judicial defense of property is closely aligned with the idea of “the rule
Here’s the cert petition in a case we’ve been following.
This is the one where a North Carolina county went bonkers in the early days of Co-19, and truly “locked down” by banning nonresident property owners from entering the county. This wasn’t done all at once, but in phases, with nonresident property owners being
In this Order, the Supreme Court granted this cert petition which presents these questions:
Whether a facial challenge to Congress’s delegation of eminent domain power to private parties is properly filed in district court, as this Court held in PennEast Pipeline Co. v. New Jersey, 141 S. Ct. 2244 (2021), or with FERC
We’re not going to dwell too much on the U.S. Court of Appeals’ opinion in Fox v. Saginaw County, No. 22-1265 (Apr. 28, 2023), because even though it is a case involving the “home equity theft” takings issue argued at the Supreme Court last week, this one tells us more about civil procedure
In case you missed it live last week, here’s the recording of Cato Institute’s Book Forum on lawprof Eric Claeys’ forthcoming book, “Natural Property Rights.” As Cato notes:
The book introduces and defends a theory of property relying on labor, natural rights, and traditional principles of natural law. Justified on those grounds, property
Our Pacific Legal Foundation Property Rights Litigation Tyler team,
and Counsel of Record Christina Martin (second from right)
Here are your links to the buzz about Tyler v. Hennepin County, No. 22-166, our law firm’s case which argues that Hennepin County’s seizure of Ms. Tyler’s condo and then keeping the excess equity over what
Coffee is for closers.
(Yes, we were up and at the desk at 4 a.m. local time
to listen live. We just needed a direct injection of coffee.)
Here is the transcript, and the audio recording of today’s U.S. Supreme Court arguments in Tyler v. Hennepin County, No. 22-166, our law firm’s case
Tomorrow, Wednesday, April 26, 2023, at 10:00 a.m. Eastern Time, the U.S. Supreme Court will be hearing oral arguments in Tyler v. Hennepin County, No. 22-166, our law firm’s case which argues that Hennepin County’s keeping the excess equity in Ms. Tyler’s home over what she owed in property taxes and fees, is
If everything the Ninth Circuit says in its unpublished memorandum opinion in Craneveyor Corp. v. City of Rancho Cucamonga, No. 22-55435 (Apr. 20, 2023) is accurate, there’s no way to ever draft a complaint alleging a facial Penn Central regulatory taking that will survive a 12(b)(6) motion to dismiss for failure to state a
The Court has already started loading up next Term’s property rights docket, with last week’s grant of this cert petition.
Before we go further, a disclosure: our law firm colleague Deborah La Fetra filed an amicus brief urging the Court to grant review. Thus, we’re not going to be taking a deep dive