How about buying what you thought was a retirement home, only to be told that if you want the local government’s ok change the form of ownership of the property you’ve got to offer any tenant a lifetime lease? Here’s the cert petition, filed today in a case we’ve been following for a while,
Ohio: It Doesn’t Make A Whole Lot Of Sense To Have A Compensation Trial When The Necessity Question Is Being Appealed
We’ve been meaning to post this one, a short per curiam opinion from the Ohio Supreme Court, for some time. Not because it deals with earth-shattering substantive eminent domain issues, but because it highlights a somewhat niche, but pretty important, procedural issue.
Say an owner challenges the take, either by way of a public use
Thomas, J., Dissenting From Denial Of Cert In Penn Central And Lucas Takings Case: “If there is no such thing as a regulatory taking, we should say so. And if there is, we should make clear when one occurs.”
We were hoping for better news in a case we’ve been following in its various forms for what seems like forever. But today, the U.S. Supreme Court in this order declined to issue a writ of certiorari to review the Ninth Circuit’s decision in Bridge Aina Lea, LLC v. Hawaii Land Use Comm’n, No.
CA5: Final Decision Takings Ripeness Is All About Timing (So Yes, A Filed-Too-Early Case Can Become Ripe On Appeal)
We all know that Knick v. Township of Scott, 139 S. Ct. 2162 (2019) only knocked out the “state action” prong of the two-part Williamson County takings ripeness requirement. You may not need to pursue and lose compensation via state procedures to ripen a takings claims, but still active is the “final decision” requirement
New Cert Petition: Is Invalidation Of A Patent Via Inter Partes Review A Taking? “Is a patent a property right or is it something less?”
Back to blogging…
Here’s the latest cert petition on an issue we’ve been following for a while (see here, here, here and here, for example). Is invalidation of an already-issued patent via inter partes review a taking?
In this case, the Federal Circuit held no taking, consistent with its earlier opinion
Your 2021 ALI-CLE Eminent Domain & Land Valuation Litigation Conference (Jan 28-29, Remote) BINGO Card
If you “get” this, you should be registered for the 38th Annual Eminent Domain & Land Valuation Litigation Conference, to be held remotely on Thursday and Friday, January 28-29, 2021.
The list is growing rapidly, and you need to join us!
This is the “big one” where the nation’s best practitioners, scholars, jurists,
No Shortage Of Amicus Briefs In SCOTUS Physical Invasion Takings Case
If you are lacking good things to read, fear not: thanks to amici curiae, you now have boocoo merits-stage friend-of-the-court briefs (16!) on your plate.
This is the case in which the U.S. Supreme Court is considering the nature of physical invasion takings, and how permanent a permanent intrusion must be in order to qualify
Law Students: Register Free For The 38th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference (Jan 28-29, 2021)
Are you a law student interested in takings, eminent domain, land use, environmental, and other dirt-lawyering related topics? If so, good news: thanks to the generosity of ALI-CLE, you can register gratis (free!) for the upcoming 38th Annual Eminent Domain & Land Valuation Litigation Conference, to be held remotely on Thursday and Friday,
Eminent Domain Podcast’s Preview Of The Upcoming ALI-CLE Eminent Domain & Land Valuation Litigation Conference
Our thanks to Clint Schumacher for having us on his program to talk about the upcoming Conference. We’re “remote” this year, but that means a different approach to our presentations (and a very modest tuition!).
We’re having programs with intriguing subjects such as “Planning to Win: Practical Strategies for a Successful Inverse Condemnation Case,”
Registration Open: 38th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Jan. 28-29, 2021 (Online)
