You can also fly, drive, or bike to the upcoming 37th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference. in Nashville. Limited space still available, so don’t delay further and register now. We’re on track to record attendance, so you don’t want to miss the best nationally-focused three-day program on our area of
42 U.S.C. § 1983 | Civil Rights
Biggest Case Of The Year…Or Maybe The Decade?
We’re seeing a lot of “end of year” and “end of decade” wrap-ups, so figured we’d better chime in.
As the above graphic hints (this is detail of the doors of the U.S. Supreme Court), our biggest case of 2019 (and probably of the twenty-aughts) is Knick v. Township of Scott…
Space Still Available For ALI-CLE Eminent Domain Conference, Nashville Jan 23-25, 2020
If you get this, you need to attend the 37th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference, January 23-25, 2020, in Nashville.
And if you don’t get this, you need to attend more.
New Fed Ct Judicial Takings Complaint: Indiana Supreme Court “Transformed Established Law” Of Shoreline Ownership
Here’s the Complaint filed earlier this month in an Indiana federal court, which alleges that the State of Indiana is liable for a judicial taking in a case we’ve been following. Yes, a judicial taking!
You recall that in Gunderson v. Indiana, 90 N.E.3d 171 (Ind. 2018), the Indiana Supreme Court concluded that the…
New Cert Petition From The Knick Team: You Can Sue A State For A Taking In Federal Court
Here’s the cert petition, filed today (by the same folks who brought you Knick v. Township of Scott, 139 S. Ct. 393 (1922)), which poses this straightforward question:
Whether the “self-executing” Just Compensation Clause abrogates a State’s Eleventh Amendment immunity, allowing a property owner to sue the State for a taking of property.…
Don’t Miss Out: Join The “Big Guns” And Secure Your Space At ALI-CLE’s Upcoming Eminent Domain & Land Valuation Litigation Conference (Jan 23-25, 2020, Nashville)
We were not as creative as our colleague Paul Henry (see below), but our Planning Co-Chair Joe Waldo and I wanted to personally invite you to join the “big guns” in our area of law at the 37th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 23-25, 2020, in Nashville, Tennessee.
We’ve…
Latest In SCOTUS Penn Central Cert Petition
Here’s the latest in a case we’ve been following for a while, Smyth v. Conservation Comm’n of Falmouth, No. 19-223 (cert. petition filed Aug. 16, 2019).
The petition seeks review of a Massachusetts decision which held that a judge, not a jury, determines Penn Central takings questions, and also that the owner lost anyhow…
New Fed Ct Complaint: City’s And California’s New Rent Control Laws Are Takings
Check this out. The Complaint that we’ve been meaning to post for a while, filed last month in a Los Angeles U.S. District Court, alleging that California’s new rent control laws are a taking, among other things.
Are rent control laws takings? Yes, pretty sure about that. But will courts conclude that they are takings?
Register Now! ALI-CLE Eminent Domain And Land Valuation Litigation Conference (Nashville, Jan 23-25, 2020)
Registration underway, so come join us! Agenda full of hot topics in takings and appraisal law! The best national faculty! Renew friendships, and make new colleagues! And Nashville!
Download the brochure and make your plans for January. (Don’t wait, we’ve sold out the past three years.)
CA10: SWAT Attack On Home Where Shoplifting Suspect Holed Up Isn’t A Taking
We’re back again at that supposed distinction between the police power and the eminent domain power, which reminds us of that old tale about President Lyndon Johnson:
After reviewing a contingent of Viet Nam-bound Marines in California, Lyndon Johnson strode purposefully toward what he thought was his helicopter. “That’s your helicopter over there, sir,”…






