We recently attended the American Bar Association’s Annual Meeting in Denver to speak at the Section of State and Local Government Law’s program, “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power When SCOTUS Abandoned Review Under the Due Process and Contracts Clauses
Ohio S Ct In Power-To-Take Case: Too Soon!
The latest in a case we’ve been following doesn’t get to the substantive issue: is a local park district authorized to take private property for a bike path when the statute authorizes takings for “conservation of natural resources?”
Instead, the Ohio Supreme Court dismissed the appeal for a familiar reason: lack of a final judgment.
Want To Find And Litigate The Next SCOTUS Landmark Property Rights Case? Come, Join Us
Ever thought to yourself when reading a Supreme Court property rights cert petition or opinion (or three), “I wish I could do that“?
That was me a couple of years ago.
And I found out. I joined the nation’s premiere property rights courtroom lawyers and advocates, Pacific Legal Foundation.
Texas Supreme Court: We Want To Resolve Whether Short-Term Renting Property A Natural Right, Just Not In This Case
In this order, the Texas Supreme Court declined to review a case we’ve been following, in which the court of appeals held that Grapevine’s total ban on short-term renting of property — banning even owners who had been doing so for a while — might be a taking. The court held that even
New Takings Ripeness Cert Petition (Ours): Knowing The Permissible Uses “to a reasonable degree of certainty” Is All You Need For A Claim To Be Ripe
Here’s the cert petition, filed last week, in a case we’ve posted about. See here (Ninth Circuit arguments) and here (en banc petition).
The Ninth Circuit affirmed dismissal of a takings claim because (it held) the claim isn’t ripe. The government hasn’t made up its mind, and just might allow the owners to
ICYMI: “Property Rights Hat-Trick: Breaking Down PLF’s Supreme Court Victories” (vid)
Missed our law firm colleagues Jeff McCoy, Damien Schiff, and Christina Martin when they were live, talking about their SCOTUS wins in Wilkins v. United States (is the statute of limitations in federal Quiet Title Act cases a jurisdictional bar?), Sackett v. E.P.A. (scope of Clean Water Act wetlands jurisdiction), and Tyler v. Hennepin County
Another Cert Petition Challenging NY’s Draconian Rent Control As A Taking
Here’s the latest in a case we’ve been following, one of the multiple challenges to New York’s latest ratcheting up of rent control.
We think the Questions Presented spell out the issues pretty well:
New York has implemented the most sweeping and onerous rent control provisions the United States has ever seen in its
New Just Comp Cert Petition: Is Due Process Property Just Compensation Property?
A new cert petition to check out. We don’t need to explain it much, because the petition does a good job of it.
Here’s the Question Presented:
New York State redevelopment agency seized, via eminent domain, a large tract of real estate occupied by an existing building in downtown Brooklyn for redevelopment. The building, partially
New Takings Cert Petition (Ours): Can Govt Thwart Federal Court Regulatory Takings Claims By Seeking Abstention In Favor Of State Courts?
Here’s the latest in a case we’ve been following since before it became one of ours.
In Gearing v. City of Half Moon Bay, No. 21-16688 (Dec. 8, 2022), the Ninth Circuit upheld the district court’s dismissal of a regulatory takings case, holding that federal courts should abstain from considering regulatory takings cases in
Who’ll Stop The WOTUS? SCOTUS Dives Back In To Wetlands
Tyler v. Hennepin County wasn’t the only property rights opinion issued by the Supreme Court in one of my law firm’s cases last week.
There’s this one, which we’ve been waiting a lot longer to drop (oral arguments were held on the first day of the Court’s term back in October), Sackett v. Envt’l