October 20, 2022 was what one advocate noted was “land use day at the Ninth Circuit,” because three out of the four cases being argued in Courtroom 3 of the San Francisco courthouse were indeed land use — or perhaps more accurately, regulatory takings — cases.
Ours was one of those cases, Ralston v. San
Been meaning to post this one for a while.
The plaintiff in Northwest Landowners Ass’n v. North Dakota, No. 20210148 (Aug. 4, 2022), challenged North Dakota’s adoption of a statute about “pore space,” which is “a cavity or void, whether natural or artificially created, in a subsurface sedimentary stratum.” Whoa.
The problematic
We won’t be providing our detailed thoughts on last week’s U.S. Court of Appeals for the Sixth Circuit’s opinion in Hall v. Meisner, No. 21-1700 (Oct. 13, 2022), because we’re obviously biased: our law firm colleagues Christina Martin and Kady Valois represent the prevailing property owners, so we naturally agree with the court. Thus
We spoke on the second panel of the day at the 2022 Brigham-Kanner Property Rights Conference at the William and Mary Law School. The subject of our panel — which included Professors David Callies, Tim Mulvaney, and Dave Owen — was “Reshaping the Framework Protecting Property Under the Roberts Court.“
Here’s a rough
We were all set to write a deep and insightful takings analysis of the U.S. Court of Appeals’ recent opinion in Net Choice, LLC v. Paxton, No. 21-51178 (Sep. 16, 2022), a challenge by the major social media platforms to a Texas statute that limits the platforms’ ability to censor speech or “de-platform” (kick
Clint Schumacher’s Eminent Domain podcast is one of those things that we almost shouldn’t post about. After all, every episode is worth your time. But this one is especially good. After all, it features our law firm colleague and friend Jon Houghton, discussing what you all know is one of our fave topics, regulatory
One last reminder that there’ still time to register for the upcoming Brigham-Kanner Property Rights Conference at the William and Mary Law School in Williamsburg, Virginia, September 29-30, 2022. If you can’t make it to the historic campus, there’s an option to attend remotely.
In our opinion, the Conference is the best of its kind
Be sure to check out Northwestern Law Review’s symposium issue on “Reimagining Property Rights in the Era of Inequality.” which brought together “scholars of legal history, property, tax, land use, fair housing, environmental law, natural resources and water rights, family law, education, and constitutional law, to highlight new scholarship at the intersection of
Here’s your must-read for today, a new article from U. Va. lawprof Julia D. Mahoney, “Cedar Point Nursery and the End of the New Deal Settlement.”
Disclosure: we show up in footnote * along with others for offering “comments and conversations” about the piece.
Here’s the Abstract:
In Cedar Point Nursery v.
The facts are pretty straightforward in the U.S. Court of Appeals’ opinion in Frein v. Pennsylvania State Police, No. 21-1830 (Aug. 30, 2022):
Eric Matthew Frein is on death row for cold-blooded murder. In 2014, he ambushed two Pennsylvania State Troopers, killing one and injuring the other. For a while, he evaded capture. Police