No smoking in Hatu
A short one from the U.S. District Court in Utah, but worth reading because it highlights one of those unresolved issues: the remedy for a “takings” claim.
Now, you’ve heard the Supreme Court describe just compensation as the “default” remedy for regulatory takings and inverse claims. But it isn’t the only
Check it out: a new article from the San Diego Law Review that’s worth reading. Here’s the Abstract:
This Comment explores potential Fifth Amendment challenges to COVID-19 eviction restrictions. Part II introduces California and federal COVID-19 eviction laws and lays out an organizational framework for analysis. Part III provides background on relevant regulatory takings jurisprudence.
It’s not quite “Yes Virginia…” but here is our annual Independence Day missive on the legal angle on the Declaration. This may have special significance as the nation is in the process of reexamining many of our assumptions and history. But though the Founders may have been flawed individuals, there’s really no question
Here’s the latest in a case we’ve been following.
Now before you get all worked up about the Texas Supreme Court agreeing that the private company proposing to build a bullet train between Dallas and Houston may exercise the sovereign power of eminent domain (see Miles v. Texas Central RR & Infrastructure, Inc.
The owners of the Hollymead Town Center (Route 29, LLC) located, perhaps not surprisingly along U.S. Route 29 in Albemarle County outside of Charlottesville, needed the County to rezone a portion of the property.
Part of the rezone was something called a “conditional proffer” that required a cash donation of $50,000 “[w]ithin thirty days after
A long-ish opinion from the Alabama Supreme Court in Douglas v. Roper, No. 1200503 (June 24, 2022). But a short post because the good stuff is relatively brief.
Bottom line: property owners have a vested interest in excess money generated from a tax sale of their property, and the Alabama legislature cannot prohibit the
In Haggart v. United States, No. 21-1660 (June 22, 2022), the U.S. Court of Appeals for the Federal Circuit held that the Uniform Relocation Act is like a lot of other fee-shifting statutes, and does not authorize attorneys fees for work performed by a lawyer if that lawyer is one of the litigants. Slip
In honor of property rights advocate and trial lawyer Toby Prince Brigham (1934-2021), Owners’ Counsel of America has endowed a scholarship 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 in Austin, Texas, February 2-4, 2023.
In honor
Here’s the latest – a cert petition in a case (and an issue) we’ve been following that asks can a government action that is a violation of copyright also be a taking?
Bynum wrote, researched, and edited a book, a biography of Texas A & M’s famed “12th Man” of the football squad.
Here’s what we’re reading today: