The Supreme Court of Montana’s opinion in Tai Tam, LLC v. Missoula County, No. DA21-0660 (Nov. 15, 2022) starts off like a somewhat typical land use dispute turned into a constitutional fight. The property owner sought subdivision approvals for a 28-acre parcel to allow residential development, and the County denied the applications because “the
Agriculture
Here’s The Program For The 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Feb 1-4, 2023, Austin
Here it is, the official agenda and program for the 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, February 2-4, 2023 (with a special event the evening of Wednesday, February 1, 2023 to entice you to arrive early).
Here’s the brochure with the complete agenda, schedule, and faculty listing. But to tempt you, …
Iowa Rejoins The Fold: Right-To-Farm Statute Does Not Violate State Constitution
We were all set to detail the Iowa Supreme Court’s recent opinion in Garrison v. New Fashion Pork LLP, No. 21-0652 (June 20, 2022), when we discovered that Iowa State University’s Center for Agricultural Law and Taxation beat us to it with “Iowa Supreme Court Overrules Key Ag Nuisance Case.”
On June…
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…
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…
NC Right To Farm Act Is Not A Taking Of Nuisance Claims
In Rural Empowerment Ass’n for Community Help v. North Carolina, No. COA 21-175-1 (Dec. 21, 2021), the North Carolina Court of Appeals, the plaintiffs have a beef with hogs. Specifically, nearby hog farms that they allege are nuisances (see this story for a report on porky goings-on in NC).
They want to sue, but…
Watch: “The Future of Regulatory Takings at the Supreme Court”
In case you missed it live, here’s the recording of the recent one-hour program on “The Future of Regulatory Takings at the Supreme Court,” featuring our colleagues Joshua Thompson (Pacific Legal Foundation) and Paul Utrecht (Utrecht & Lenvin, LLP), with Jim Burling (PLF) moderating.
The program discussed Cedar Point Nursery v. Hassid…
Registration Open Now: ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Jan 26-29, 2022, Scottsdale
All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:
- Keynote: Do Animals Have Property Rights?
- Did the Supreme Court Signal a New Direction in Property Rights in Cedar Point Nursery?
- Maximizing Relocation Benefits: Understanding the Law and Regulations to Ensure Fairness
- Challenging Public Use: Lessons
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Inorganic Fruit: Statute That Allows Creditor To Seize Property From Third Party Rec’d From The Debtor Is A Taking
You just have to love any case that starts with the sentence, “Dried mangoes form the core of this commercial dispute, which involves a Fifth Amendment challenge…” Shades of Horne!
Well, you can add mangoes to your “healthy snack” list (hat tip CJ Roberts) and include the Supreme Court of Guam’s opinion…
Join Us For The 39th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Jan 26-29, 2022 (Scottsdale, AZ)
All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:
- Property Rights as Civil Rights
- Eminent Domain National Update
- Just Relocation: Understanding the Law and Regulations to Ensure Fairness
- Challenging Public Use: Lessons From a 67-Day Trial
- COVID Takings
- Federal Court and the Daubert Challenge: How to
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