You remember that longstanding trope: that matters of land use are “local” issues, and thus in civil rights claims involving a state or local government interfering with the right of property federal courts should avoid adjudication until the government has had every chance to do the right thing (even where it is patently obvious that
“The courts don’t need Congress’s permission to enforce the self-executing constitutional right to just compensation.”
“No need to ask, he’s a smooth operator…”
Here’s the amicus brief we just filed in a case we’ve (obviously) been paying close attention to.
This is Devillier v. Texas, the case in which the Supreme Court is considering what does the it mean when it describes the Just Compensation Clause as “self-executing?”
New Podcast: The Cedar Point Takings Case (From The Guy Who Argued Cedar Point)
Check this out, our law firm colleague Joshua Thompson talks about regulatory takings, and his big Supreme Court victory in Cedar Point Nursery.
If you are reading this blog, you already know what that means. Regulatory takings. Bundle of sticks. Penn Central (bleh), and right to exclude. Here’s the description of the program:
In
Program Recording: “Erasing the Black Spot” – Virginia’s Use Of Eminent Domain To Take Minority Property
“Erasing the Black Spot“ from WHRO on Vimeo.
As we first noted here, Hampton University and WHRO recently produced a live program on “Erasing the Black Spot – How Virginia Universities Have Disrupted Black Neighborhoods.” We couldn’t make it in person, but watched the live-stream.
Now, as we hoped, the recorded
Here’s The Program For The 41st ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Feb 1-3, 2024, New Orleans
Here’s the brochure and the full agenda and registration information for the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference at the JW Marriott in New Orleans, February 1-3, 2024.
This is the long-running nationally-focused conference on all things eminent domain, takings, valuation, and related. We have three tracks, from which you can
New Takings Ripeness Cert Petition (Ours): One Variance, Two Variance, Three Variance…More?
Here’s a takings cert petition, filed yesterday.
Because this is one of ours, we’re not going to comment much beyond reposting the Question Presented, and to let you know this one is about how the “relatively modest” requirement that the government have taken some “definitive position” about what uses are allowed and what uses
Links And Materials From “Inverse Condemnation & Paying for Disasters”
Yesterday, during the Annual Meeting of the Hawaii State Bar Association, we participated in a program sponsored by the Real Property and Financial Services Section, “Inverse Condemnation & Paying for Disasters.”
As you can see above, we joined lawprofs Shelley Saxer and David Callies to share thoughts about inverse claims, and the difference
Wed Oct 19 6pm ET – “‘Erasing the Black Spot’ – How Virginia Universities Have Disrupted Black Neighborhoods” (Hampton University)
If you happen to be in the Hampton Roads neighborhood later this week, you may want to consider paying a visit to Hampton University for what looks like an intriguing program:
Exclusive Event: ‘Erasing the Black Spot’ – Oct. 19
The Virginia Center for Investigative Journalism at WHRO and ProPublica Present “Erasing the Black
Fifth Circuit Kicks Down The SWAT Takings Door (And Boots The Issue Upstairs)
Here’s the latest in a case and an issue we’ve been following.
Recall that the U.S. District Court for the Eastern District of Texas concluded that the City of McKinney, Texas was liable for the taking of Vicki Baker’s home, after city police officers destroyed a large part of it while apprehending a suspect
Supreme Court Property Rights Round-Up
Here’s what we’re reading about the Supreme Court’s property rights docket — some good, some disappointing — this day.
- Niina Farah, “Supreme Court flooding case could ripple across the energy sector“ (E & E News / Energywire) – About the Devillier case (which we summarized here), in which we were