We’ve posted a lot lately reporting on the 2016 ALI-CLE Eminent Domain and Land Valuation Litigation Conference, recently held in Austin. We have a couple of more posts for you before we turn to other things. Here is the first, a run-down of the blogs of faculty members, and others we were in the
Fourth Circuit: City Violated First Amendment By Banning Anti-Eminent Domain Sign
Talk about timing: Dana Berliner, Andy Gowder, and I were talking about the Central Radio case during a session on free speech and other First Amendment issues at the recent ALI-CLE Eminent Domain Conference, when we learned that at the same time we were speaking about the case, the U.S. Court of Appeals for the
New Cert Petition: Who Owns The Deposit In A Quick-Take?
A new cert petition filed earlier this week in a case from the Florida Court of Appeals that we’ve been following.
We’ve been following it because we filed an amicus brief when property owners sought cert review of an earlier decision by the same court which held the same thing: that the property owner subject
“We’re Here From The Government, And We’re Here To … Do Nothing” – Gov’t Inaction Gives Rise To Inverse Condemnation
We know inverse condemnation liability can be triggered by intentional government action. But what about when government doesn’t act?
That was the issue before the Court of Appeals of Maryland in Litz v. Maryland Dep’t of the Environment, No. 23 (Jan. 22, 2016). And when the opinion starts this way, you just know where
Cal Supreme Court “Grants And Holds” Second Entry Statute Case
The California Supreme Court has agreed to review a recent Court of Appeal decision (see “Court Of Appeal Files Pro-Condemnor Amicus Brief In Cal Supreme Court “Entry Statute” Case“), but only after the court rules on Property Reserve v. Superior Court (S217738)
On January 13, 2016, the court granted and held the
Amicus Brief: Congress Cannot Bar Property Owners From Vindicating Right To Just Compensation
Here’s the amici brief filed last week by the Cato Institute and the National Association of Reversionary Property Owners in Resource Investments, Inc. v. United States, No. 16-802. That’s the case in which the property owner is claiming that the delay in issuing Clean Water Act permits was so extraordinary, it was a
SCOTUS Won’t Review Affordable Housing Exactions And “Inclusionary Zoning” Case
This morning, the U.S. Supreme Court declined to hear what might have been a major property rights case, California Building Industry Ass’n v. City of San Jose, No. 15-330 (cert. petition filed Oct. 16, 2015).
In that case, the California Supreme Court upheld the city’s “affordable housing” requirement against a challenge which asserted that
SCOTUS Takes Another “Takings” Case – Inclusionary Housing And Affordable Housing Exactions On The Menu
This morning, the Supreme Court agreed to hear another important property rights case, California Building Industry Ass’n v. City of San Jose, No. 15-330 (cert. petition filed Oct. 16, 2015).
In that case, the California Supreme Court upheld the city’s “affordable housing” requirement against a challenge which asserted that it was an exaction and
Amicus Brief: Applying Civil War-Era Statute To Toss Federal CFC Takings Claims “Gives Credence To The Belief That ‘The Law Is An Ass.'”
Here’s the amicus brief we filed today in support of the Petitioner/property owner in Resource Investments, Inc. v. United States, No. 16-802. That’s the case in which the property owner is claiming that the delay in issuing Clean Water Act permits was so extraordinary, it was a temporary taking. Ultimately, the Federal Circuit
SCOTUS To Take On Regulatory Takings Parcel As A Whole Doctrine
Good news, takings fans. The U.S. Supreme Court today granted cert, and will review Murr v. Wisconsin, the case in which the Wisconsin Court of Appeals held that two separate parcels owned by the same family must be treated as a single unit for purposes of determining whether there has been a taking.