Here’s what we’re reading about the Supreme Court’s property rights docket — some good, some disappointing — this day.
To us, one of the strangest things in constitutional law is the conclusion that although private property is a fundamental right for purposes of the Just Compensation Clause, it isn’t fundamental for purposes of the Due Process Clause. When your private property is taken you must be provided compensation. But when you are deprived of
We’re not going to ask you to read the entire 24 pages of the Washington Supreme Court’s 5-4 opinion in Gonzales v. Inslee, No. 1000992-5 (Sep. 28, 2023), in which the court seriatim rejects every challenge to the Governor’s Co-19 emergency eviction moratorium for tenants, which allowed tenants who did not pay rent to
“I’ll take ‘Words I Like to See’ for $800, Alex.“
In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.
“I’ll take ‘Words I Like to See’ for $800, Alex.“
In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.
The first is Devillier v. Texas (the
Interested in the intriguing question of whether a court ruling can “take” property? If so, check out the latest cert petition on the issue.
Let’s start with the Questions Presented:
1. Is a state supreme court able to “side-step” the just compensation requirement of the Fifth and Fourteenth Amendments by simply removing preexisting property rights
Here’s the cert petition, recently filed, which asks the Supreme Court to review the California courts’ decision that the state’s “unclaimed property” statute — by which the State is able to grab billions of dollars of private property on the theory that the owners abandoned it. The statute requires the State to try and
Here’s the latest in a case we’ve been following.
In this cert petition, the property owner is asking the U.S. Supreme Court to review an unpublished decision of the Ninth Circuit which rejected both Lucas and Penn Central takings claims.
Here are the Questions Presented:
1. Should this Court overrule in its entirety
Tomorrow, Wednesday, August 9, 2023 at 1:00 – 2:00 p.m. (Eastern Time), please join us for ALI-CLE’s web program, “How Did Property Rights Fare at the Supreme Court? What Happened in the 2022 Term and What’s Next.”
Here’s the course description:
This has been a blockbuster U.S. Supreme Court term for property
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