We’ve been eagerly waiting for the new season of the Institute for Justice’s podcast series, “Bound by Oath” to drop. Not only because it’s a great series – produced by John Ross, it is more like an audio documentary than a typical podcast – but also because John was kind enough to ask
La Cour suprême du Canada Considering Effect Of “The Scheme” On Takings And Compensation
“Good morning, Justices”
You know that from time to time — mostly thanks to our friend and colleague Shane Rayman and his firm — we cover property goings-on north of the border when a good property rights case comes before the Supreme Court of Canada (see here and here for past examples).
Well, here’s another
Harvard Law Review On Tyler v. Hennepin County: Reflecting The “Diminishing” Role Of State Property Law In Takings
Check this one out, the Harvard Law Review‘s summary of Tyler v. Hennepin County, the “home equity theft” takings case decided unanimously by the Supreme Court.
Some highlights:
Beginning with traditional principles, Chief Justice Roberts suggested that a property interest in surplus equity had English origins — King John proclaimed in the Magna
“The courts don’t need Congress’s permission to enforce the self-executing constitutional right to just compensation.”
“No need to ask, he’s a smooth operator…”
Here’s the amicus brief we just filed in a case we’ve (obviously) been paying close attention to.
This is Devillier v. Texas, the case in which the Supreme Court is considering what does the it mean when it describes the Just Compensation Clause as “self-executing?”
New Podcast: The Cedar Point Takings Case (From The Guy Who Argued Cedar Point)
Check this out, our law firm colleague Joshua Thompson talks about regulatory takings, and his big Supreme Court victory in Cedar Point Nursery.
If you are reading this blog, you already know what that means. Regulatory takings. Bundle of sticks. Penn Central (bleh), and right to exclude. Here’s the description of the program:
In
The Queen Is Dead, Long Live The Queen(s): Introducing The “SCOTUS Ladies” Blog
Although the Dissed! podcast is no more, our colleagues Elizabeth Slattery (PLF) and Anastasia Boden (Cato) have thankfully redirected their efforts to the written form, a new law blog (how retro!).
As the title (“SCOTUS Ladies“) hints, their blog focuses on the doings of a certain court in Washington, DC. Here’s how they
Legislative Exactions Merits Brief (Ours): “the text and history of the Takings Clause admit no exception for legislative takings”
Here’s the merits brief in a case we’ve been following (naturally, because it is one of ours). This is Sheetz v. El Dorado County, the case which asks whether a condition on development (aka an “exaction”) is exempt from the close nexus and rough proportionality standards of Nollan/Dolan/Koontz simply because the exaction is imposed
New Cert Petition: Is Preventing Owners From Recovering Rental Units From Nonpaying Tenants A Compensable Taking?
Here’s the latest in a case we’ve been following.
Not that long ago, the Ninth Circuit held that a challenge to Washington state’s Co-19 eviction moratorium was moot because the moratorium had ended, and the plaintiffs had only sought declaratory relief. Thus, the court concluded, the moratorium did not have a “brooding presence” affecting
New Takings Ripeness Cert Petition (Ours): One Variance, Two Variance, Three Variance…More?
Here’s a takings cert petition, filed yesterday.
Because this is one of ours, we’re not going to comment much beyond reposting the Question Presented, and to let you know this one is about how the “relatively modest” requirement that the government have taken some “definitive position” about what uses are allowed and what uses