By now, you know that the 19th Brigham-Kanner Property Rights Conference is set for September 29-30, 2022, at the William and Mary Law School in Williamsburg, Virginia (register here – space is limited – fee ranges from free to $195 – a bargain!). And you know that our colleague Jim Burling is this
Administrative law
Cal App Channels Dickens’ Mr. Bumble: Bumblebees Are Fish Under Cal’s Endangered Species Act
A “fish” need not be “connected to a marine habitat” after all.
You remember that classic lawyer joke?
A company is on the hunt for a new CEO and decides to undertake the search from within existing management. The hiring committee schedules interviews with the company engineer, the company accountant, and the company lawyer. The…
“Something is very wrong with this picture.” Cal Ct App Calls Out CEQA (“fearsome weapon”), Tiburon’s “official hostility,” And “combined animus of two levels of local government”
Anyone who reads this blog regularly knows Tiburon, California, even if you’ve never stepped foot there. Yes, that Tiburon. Well, the beat goes on: the Agins litigation wasn’t the only time that the town and its residents combined forces to try and draw up the drawbridge and prevent the building of more…
Hawaii Land Use Law Conference, May 25-26, 2022, Honolulu – Join Us!
It’s back! After a hiatus on the in-person program, the bi-annual Hawaii Land Use Conference is back in-person (see here for a sample of one of our prior presentations at this conference).
May 25 and 26, 2022, downtown Honolulu.
The full agenda and speaker list has not yet been published, but here’s a summary…
CAFED: Fed Takeover Of Fannie Mae & Freddie Mac Not An “Exaction,” Not A Taking
We gotta be honest here: when the substantive portion of an opinion (even an opinion about takings and exactions) begins with, “Congress created the Enterprises to, inter alia, provide liquidity to the mortgage market…” our eyes kind of glaze over. It’s going to be one of those opinions.
But we soldiered on, and slogged…
2022 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Scottsdale: You Should Have Been There!
After a two-year absence in which we went remote, in the last week of last month (our usual spot on the calendar, between the playoffs and Super Bowl), we once again met in-person for the American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference.
Approximately 200 lawyers, judges, legal scholars, appraisers, law students…
The Circle Is Now Complete: A Sampling Of Final Paper Topics From William and Mary Law’s Eminent Domain & Property Rights, And Land Use Courses
If you ever get the opportunity to teach in a law school — either as a full-time legal scholar, or part-time as an expert adjunct practitioner — take it if you can. You might think you know a lot about a particular subject, but there’s nothing like spending time at the lectern in a law…
Timing Requirements In Hawaii’s Forfeiture Statute Are Not Mere Internal Deadlines
In this season of “regifting,” this one from the Hawaii Supreme Court about an attempt to “re-seize” property by civil forfeiture.
In Alm v. Eleven (11) Products Direct Sweepstakes Machines, No. SCWC-15-848 (Dec. 20, 2021), the unanimous court held that the notice and related procedures in Hawaii’s civil forfeiture statute are mandatory…
Indiana App: Even When Federal Agency Steps Into The Shoes Of A Local Redevelopment Agency, It Has To Follow Local Rules
Like a lot of things in Gary, Indiana, the Housing Authority was “troubled.” So troubled, the feds took it over. The Housing Authority received big money from the feds, and was required to agree to an annual contribution agreement, by which the Authority ok’d a HUD takeover in the even of the Authority’s substantial…
Fed Cir Tries To Avoid “Police Power” Takings Exception In Bump Stock Case By (Unsuccessfully) Finessing The Property Interest
As we’ve said before, you don’t need to know much about takings doctrine to understand that a challenge wherein the property alleged to have been taken are “bump stocks” — devices that allow rapid activation of a semi-automatic rifle such that it roughly imitates a fully-automatic weapon — to understand that courts…



