Appellate law

A quick one from the Ninth Circuit in a federal condemnation case. In Montanore Minerals Corp. v. Bakie, No.15-35707 (Aug. 16, 2017), the court, somewhat surprisingly concluded that a condemnation in federal court should have been stayed by the district court pending resolution of a state court quiet title action.

We say “somewhat surprisingly”

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Regulato Takings!

A modest but very knowledgeable crowd joined us today at the ABA Annual Meeting in New York for a panel discussion and analysis of Murr v. Wisconsin. Here is the recording of our portion of the presenation (10mb mp3).

Here are links to some of the materials which we and the others

Here’s the Brief in Opposition in Nies v. Town of Emerald Isle, No. 16-1305 (Aug. 11, 2017), the case in which North Carolina property owners are asking the U.S. Supreme Court (cert petition here) to review a N.C. Court of Appeals decision which involves wet and dry sand beaches, the location of the public

Chair Reception SLG 8-11-2017 invitation

If you are scheduled to be in or near New York City on Friday, August 11, 2017, please consider attending one or both of the following events:

Check this out, the latest cert petition from the Institute for Justice (Kelo), in a case we’ve been following.

This one asks a question that has been kicking around in the lower courts for a long time, and has long bothered we who represent property owners who have to eat the often-massive losses

Load this one up for your morning drive, or workout: the Federalist Society’s podcast on “Lucas v. South Carolina Coastal Council at 25.” Featuring Professor Eric Claeys, Professor Michael Wolf, and Pacific Legal Foundation’s James Burling. Well worth your time.

Here’s the description:

This spring marks the 25th anniversary of the U.S. Supreme

In Brott v. United States, 959 F.3d 425 (6th Cir. May 31, 2017), a Sixth Circuit panel — after acknowledging the Fifth Amendment right to just compensation is “self-executing” — held that it really wasn’t: the federal government can take private property but the owner can only recover compensation if Congress agrees to allow them

ALI Murr Title Card

Thank you if you were able to join us earlier today for ALI CLE’s webinar, “The U.S. Supreme Court and Property Rights – Murr v. Wisconsin: The ‘Larger Parcel” Issue and the Future of Regulatory Takings,” our first comprehensive look at the U.S. Supreme Court’s recent decision on the “larger parcel” or denominator

Here’s a newly-filed cert petition which asks the Supreme Court to review a Sixth Circuit decision in which the county auctioned the Church’s property to satisfy a tax lien, then kept the difference between the owed taxes plus costs, and the proceeds from the sale. The court dismissed the claim under Williamson County because it

ALI Murr Title Card

One last reminder: next Tuesday, July 25, 2017 at 2:00 pm Eastern, is “The U.S. Supreme Court and Property Rights: The ‘Larger Parcel” Issue and the Future of Regulatory Takings,” ALI-CLE’s first look at the U.S. Supreme Court’s recent decision on the “larger parcel” or denominator issue in regulatory takings cases where