A must-read for takings mavens. Property rights gurus Professor Gideon Kanner and Michael Berger have published a new article, The Nasty, Brutish, and Short Life of Agins v. Tiburon, 50 Urb. Lawyer 1 (2019). It’s the lead article in the latest volume of The Urban Lawyer, the law journal of our Section of
Lawprof: “Does Legalizing Uber and Lyft ‘Take’ The Property Of Taxi Companies?”
Short answer: no.
But the longer answer which lawprof Ilya Somin discusses in this short podcast is worth listening to. Check it out.
Here’s the summary:
Over the last few years, taxi companies in several cities have brought lawsuits claiming that legalizing ride-share services such as Uber and Lyft violates the Takings Clause of the
Tuesday Takings And Property Round-Up
Here’s what’s on the reading list for today:
- “Who owns the fertilized eggs? It’s a conundrum” from our Owners’ Counsel colleague Dwight Merriam, a piece about the property aspects of the question.
- “Dismissal of review in takings case restored precedential effect of Court of Appeal opinion” – the California Supreme
New Article: Imperfect Takings
A law journal article worth reading (short, not too many distracting footnotes) on takings theory.
In Imperfect Takings, 46 Fordham Urban Law Journal 130 (2019), Professor Shai Stern writes about what he calls the “three safeguards” in eminent domain (due process, public use, and mandatory compensation), and how to evaluate the legality of takings
New Article: Sanguine Doves in the Hands of the State; or How the Power of Eminent Domain has Few Practical Restraints
Kansas colleague Chris Burger has published an article in the Kansas Bar Journal with the intriguing title, “Sanguine Doves in the Hands of the State or How the Power of Eminent Domain has Few Practical Restraints.” We dare you to resist downloading it and reading.
Thanks to Chris for allowing us to repost
New Article: Back to the Future of Land Use Regulation – From Hadacheck To “New” Property
Every year, at the Brigham-Kanner Property Rights Conference, the conference publishes a law journal with the articles, essays, and remarks presented at last year’s conference. So it was this year, and Volume 7, with the theme of “The Future of Regulatory Takings,” is now available.
We contributed an essay, “Back to the
New Article: The [Takings] Keepings Clause: An Analysis of Framing Effects from Labeling Constitutional Rights
An interesting and thought-provoking new article from Professor Donald Kochan that is definitely worth your time: The [Takings] Keepings Clause: An Analysis of Framing Effects from Labeling Constitutional Rights, 45 Fla. State U. L. Rev. ___ (forthcoming 2018).
As the title suggests, Professor Kochan doesn’t quite care for the phrase the “Takings Clause” when
What Might A Justice Kavanaugh Mean For Takings, Land Use, And Other Issues?
Clare Trapasso has a Realtor.com piece on what a Justice Kavanaugh could mean for real estate, property, and land use issues, “What Supreme Court Nominee Brett Kavanaugh Could Mean for Real Estate,” where she correctly notes that “while commentators have been scrutinizing Kavanaugh’s record on hot-button topics like abortion and immigration, there’s been
Links And Materials From Today’s Transportation Research Board Session
Here are the cases and other items I either spoke about or mentioned at today’s Transportation Research Board‘s 57th Annual Workshop on Transportation Law in Cambridge, Massachusetts:
- The Colorado public use cases: public use vs. public purpose: Lafayette and Carousel Farms
- On the Supreme Court docket: Violet Dock Port (SCOTUS, Louisiana)
- The Louisiana Supreme
Thursday Reading, Law Review Edition
Here’s some of the things we’re reading or reviewing today, focused on the legal scholars and takings (with the last one being of general interest):
- Michael Pollack, Taking Data, 86 U. Chi. L. Rev. ___ (2018) (“This Article proposes a new approach to regulating government investigations of data that has been shared with ISPs