In this post — the second in a series of deeper dives that we’re posting about last week’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021) — we’ll be covering more on the “right to exclude,” how the Court treated our old frenemy Pruneyard, and how
42 U.S.C. § 1983 | Civil Rights
11th Circuit Affirms Penn Central Jury Verdict For Rezoning Resulting In 86% Loss Of Value
More good takings news, hot off the press.
Before Cedar Point came down last week, we were all set to let you know about the Eleventh Circuit’s opinion in South Grande View Dev. Co., Inc. v City of Alabaster, No. 18-14044 (June 21, 2021), in which the court affirmed a jury verdict that…
Cedar Point Part I: SCOTUS’s Strawberry Letter 23 To Property Rights
In this post — the first in a series of deeper dives that we’ll be posting about over the next few days about yesterday’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021) — we’ll be covering the background of the case, and the heart of the majority…
Sixth Circuit Says No To Res Judicata As The Latest Williamson County Workaround
Check out the U.S. Court of Appeals for the Sixth Circuit’s opinion in Harrison v. Montgomery County, No. 20-4-51 (May 11, 2021). It’s short, readable. And, most importantly, involves a subject that’s near and dear: takings, and the myriad potential traps that await an unsuspecting property owner making such a claim.
If you’ve ever…
A Federal Court’s Extraordinary Shot Across The Bow: LA’s Massive Homeless Problem Is Caused (In Part) By Eminent Domain
This In Chambers Order recently issued by a federal district judge may just be the most unusual, flat-out wild judicial opinion we have ever read.
Citing the Gettysburg Address, Brown v. Board of Education, systemic racism (including eminent domain) systemic sexism, and a slew of newspaper articles, the Central District of California (without even …
Cedar Point Oral Arguments Round-Up
Here are links to the summaries and analysis of yesterday’s oral arguments in Cedar Point Nursery v. Hassid, No. 20-107, the case asking whether California’s forbidding of agricultural property owners from keeping out union organizers is a taking:
Neutral
- Justices try to draw lines in California property-rights dispute (Amy Howe, SCOTUSblog) (“During 70 minutes
…
In California, Can A Landowner Really Say “Keep Out?” Things To Look For In Today’s SCOTUS Cedar Point Nursery Arguments
Here’s the recorded arguments.
- California will try and push the Court to seeing this as an “anti-union” lawsuit: this is not that big of an intrusion, we’ve been doing it for 50 years under both Cal and federal law, and a ruling for the property owners will upset this apple cart and prevent unions
…
New Cert Petition: Judge Barrett’s (Sole) CA7 Takings Opinion Is Wrong
You remember that Seventh Circuit case challenging (as, inter alia, a no-public-use taking) the location of the Obama Center in Chicago’s Jackson Park under the public trust (from the home of the American public trust doctrine, Chicago)? We wrote about it in “Friends Without Benefits: CA7 Rejects Takings Claim For Obama Center …
Ipse Dixit: City’s Noncompliance With State Court Judgment Ordering Return Of Illegally-Collected Traffic Cam Fees Could Be A Taking
We don’t usually post trial court rulings, but this one is very interesting, so we’re going to break our own rule.
New Orleans had a traffic camera program. Not popular, we’d suppose. People who were caught on camera brought a class action suit in Louisiana state court, arguing that the city didn’t have the legal…
Today’s Readings: “Federal Courts and Takings Litigation” (Woolhandler & Mahoney), “Swallowing its Own Tail: The Circular Grammar of Background Principles Under Lucas” (Stein)
It’s Monday, so we’re just going to ease into the week by (inter alia) reading a couple of law review articles:
- Federal Courts and Takings Litigation, by Prof. Ann Woolhandler & Prof. Julia D. Mahoney: “While Knick clearly expands the lower federal court role in takings claims, many questions remain, for it
…



