You’ve got big dreams, you want fame…
If so, here’s your chance: two (2!) Takings Maven Dream Jobs® are now available.
Pacific Legal Foundation requesting applications for positions as a Property Rights Constitutional Litigator. Job description includes “You will find and win the next important Supreme Court property rights case.”
All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:
Our thanks to our friends and colleagues at the ABA Section of Real Property, Probate & Trust Section’s Land Use and Environmental Group for inviting us to a discussion of the latest and greatest decisions of interest.
We only had an hour together, so naturally could not cover everything of interest (indeed, we reserved a
In Protect and Preserve Kahoma Ahupuaa Ass’n v. Maui Planning Comm’n, No. SCWC-15-0000478 (June 16, 2021), the Hawaii Supreme Court reaffirmed the idea that all members of the public have a right under the Hawaii Constitution to a “clean and healthful environment,” and that this is a “property” right entitled to due process protection
A short, land-usey one today, from the Massachusetts Supreme Judicial Court. In Styller v. Zoning Board of Appeals, No. SJC-12901 (June 7, 2021), the court held that the plaintiff’s “occasional” use of a home to rent to others short-term is not a legal primary use of property in a “single residence’ zoning district.
The
A short, land-usey one today, from the Massachusetts Supreme Judicial Court. In Styller v. Zoning Board of Appeals, No. SJC-12901 (June 7, 2021), the court held that the plaintiff’s “occasional” use of a home to rent to others short-term is not a legal primary use of property in a “single residence’ zoning district.
The
The New Mexico Supreme Court
In what amounts to an advisory opinion, in State of New Mexico v. Wilson, No. S-1-SC-3850 (June 7, 2021), the New Mexico Supreme Court (courthouse pictured above) concluded that the State’s public health orders that impose “restrictions on business operations regarding occupancy limits and closures cannot support a claim
Check out the U.S. Court of Appeals for the Sixth Circuit’s opinion in Harrison v. Montgomery County, No. 20-4-51 (May 11, 2021). It’s short, readable. And, most importantly, involves a subject that’s near and dear: takings, and the myriad potential traps that await an unsuspecting property owner making such a claim.
If you’ve ever
Go read the Federal Circuit’s opinion in Sandwich Isles Communications, Inc. v. United States, No. 20-1446 (Apr. 1, 2021), especially the very-dense fact section. There’s a lot there: acronyms, bureaucracy-speak, family-insider politician dealings, tax fraud convictions, and the like. So what’s a case like this doing in the Court of Federal Claims and the
We suggest you take a read through the California Court of Appeal’s opinion in Felkay v. City of Santa Barbara, No. B304964 (Mar. 18, 2021). It’s all there: Lucas wipeout takings, futility and exhaustion, coastal zone property rights.
This is an inverse condemnation case, seeing compensation for the city denying the owner any economically