How about buying what you thought was a retirement home, only to be told that if you want the local government’s ok change the form of ownership of the property you’ve got to offer any tenant a lifetime lease? Here’s the cert petition, filed today in a case we’ve been following for a while,
42 U.S.C. § 1983 | Civil Rights
Thomas, J., Dissenting From Denial Of Cert In Penn Central And Lucas Takings Case: “If there is no such thing as a regulatory taking, we should say so. And if there is, we should make clear when one occurs.”
We were hoping for better news in a case we’ve been following in its various forms for what seems like forever. But today, the U.S. Supreme Court in this order declined to issue a writ of certiorari to review the Ninth Circuit’s decision in Bridge Aina Lea, LLC v. Hawaii Land Use Comm’n, No.
The “Or Damaged” Part Of South Dakota’s Constitution Doesn’t Really Add Much: Damages From Police Actions Are Neither Takings, Nor Damagings
The situation in Hamen v. Hamlin County, No. 28671 (Feb. 10, 2021), a recent opinion by the South Dakota Supreme Court seems pretty bad, but a road we’ve gone down before. Believing that a suspect was inside, the local SWAT team (along with the county Special Response Team — drone and two armored vehicles…
Still Time To Join Us: ALI-CLE Eminent Domain & Land Valuation Litigation Conference (Online!) This Thursday & Friday. Tuition Deals! #EminentDomain2021
Yes, it starts tomorrow, Thursday, January 28, 2021, but we’re “remote” this year, so it is not too late to register to join us for the 38th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference. This is the “big one” where the nation’s best practitioners, scholars, jurists, and other industry professionals gather to talk …
CA5: Property Owner SOL For Sewage Takings Claim: Continuous Invasion Becomes Constitutional Simply Because The Govt Does It For A Long Time
Another invasion-by-sewage claim, another opportunity for bad punning.
What do you do when a municipality’s wastewater system malfunctions and “strew[s] [your] yard with condoms, toilet paper, raw sewage, and feminine hygiene products and force[s] [you] to endure ‘horrendous odors.'””
According to the U.S. Court of Appeals for the Fifth Circuit in Stringer v. Town of …
Your 2021 ALI-CLE Eminent Domain & Land Valuation Litigation Conference (Jan 28-29, Remote) BINGO Card
If you “get” this, you should be registered for the 38th Annual Eminent Domain & Land Valuation Litigation Conference, to be held remotely on Thursday and Friday, January 28-29, 2021.
The list is growing rapidly, and you need to join us!
This is the “big one” where the nation’s best practitioners, scholars, jurists, …
Law Students: Register Free For The 38th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference (Jan 28-29, 2021)
Are you a law student interested in takings, eminent domain, land use, environmental, and other dirt-lawyering related topics? If so, good news: thanks to the generosity of ALI-CLE, you can register gratis (free!) for the upcoming 38th Annual Eminent Domain & Land Valuation Litigation Conference, to be held remotely on Thursday and Friday, …
Eminent Domain Podcast’s Preview Of The Upcoming ALI-CLE Eminent Domain & Land Valuation Litigation Conference
Our thanks to Clint Schumacher for having us on his program to talk about the upcoming Conference. We’re “remote” this year, but that means a different approach to our presentations (and a very modest tuition!).
We’re having programs with intriguing subjects such as “Planning to Win: Practical Strategies for a Successful Inverse Condemnation Case,”…
Registration Open: 38th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Jan. 28-29, 2021 (Online)
Prunes And Raisins And The Cedar Point Merits Brief: “Regular And Predictable” Invasions Of Property Are Per Se Takings, Even If Not 24/7
Here’s the property owners’ Brief on the Merits in the case in which the U.S. Supreme Court is considering the nature of physical invasion takings, and how permanent a permanent intrusion must be in order to qualify for Loretto and Kaiser Aetna-ish per se treatment.
In Cedar Point Nursery v. Shiroma, 923 F.3d…






