Worth reading: Gideon Kanner, Detroit and the Decline of Urban America, 2013 Mich. St. L. Rev. 1547 (2014), in the forthcoming issue of that august publication. Its not yet available on the law review’s web site, but Professor Kanner has written up a summary on his blog (he might even send you a
New Article Of Note: The Rebirth of Federal Takings Review? The Courts’ ‘Prudential’ Answer to Williamson County’s Flawed State Litigation Ripeness Requirement
Back in October, we had the honor of moderating a discussion about the ripeness issue in takings law at the 40th Anniversary Symposium on The Takings Issue at Touro Law School (see here and here for more). Professor Vicki Been and Pacific Legal Foundation’s J. David Breemer were the panelists, each weighing in on how
New Article: Recent Developments in Eminent Domain: Public Use
The Urban Lawyer, the law review produced by the ABA Section of State & Local Goverment Law has published an article which we wrote with our Damon Key colleagues Mark Murakami and Bethany Ace, Recent Developments in Eminent Domain: Public Use, 45 Urban Lawyer 809 (2013).
Here’s the Introduction to the article:
New Article: Recent Developments in Regulatory Takings
The Urban Lawyer, the law review produced by the ABA Section of State & Local Goverment Law has published my article Recent Developments in Regulatory Takings, 45 Urban Lawyer 769 (2013).
Here’s the Introduction to the article:
THE SUPREME COURT’S 2012 TERM promised to be a banner year in regulatory takings law, with
Why We Fight: An Interview With Gideon Kanner, “A Fierce Advocate for Just Compensation”
Be sure to check out this interview with a person we’re proud to call a friend and a colleague, Gideon Kanner, in the most recent edition of Right of Way magazine, a publication of the International Right of Way Association.
“A Fierce Advocate for Just Compensation” is a sitdown with Professor Kanner, and covers a lot of ground, so to speak. The entire piece is worth reading, but here’s what a colleague pointed out as perhaps the best part:
If you represent a property owner in an eminent domain case, particularly an inverse condemnation one, you must understand that your client is persona non grata or the law’s “poor relation,” as U.S. Supreme Court Chief Justice William Rehnquist once said. The California Supreme Court once stated in an opinion that it was its duty to keep condemnation awards down, which is a hell of a hurdle to overcome when your task is to persuade the Justices that your client was undercompensated by the court below. So in those not-so-good ol’ days of the 1960s, when I walked into court, I had my job cut out for me. Sometimes, the hostility emanating from the bench was palpable. As Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the 9th Circuit once noted, what property owners in this field often get from the bench is “thinly-disguised contempt.” This is not a line of work for the faint of heart.
New Article: “Koontz in the Mansion and the Gatehouse” (Professor Steven Eagle)
A must read from our colleague Professor Steven Eagle (author of the Regulatory Takings treatise) about the Koontz case, Koontz in the Mansion and the Gatehouse, forthcoming in the Urban Lawyer.
Here’s the abstract:
This Article focuses on problems in implementing the U.S. Supreme Court’s expansion of its doctrine of unconstitutional conditions pertaining to
Reminder: Upcoming Deadline For Abstracts For Property Rights Conference
As we noted here, the International Academic Association for Planning Law and Property Rights, 8th Annual Conference 2014 will take place in Haifa, Israel, February 11-14, 2014. Earlier this year, we attended PLPR when it visited Portland, and it was well worth going, so the 2014 conference should be similar.
Professor Rachelle Alterman, Chair of the 2014 conference forwards this reminder:
This is a reminder that the deadline for abstract submissions for PLPR 2014 is15 October 2013. Click here for the website, here for the call for papers and here to submit your abstract now.
We are happy to announce that our opening reception will take place on 12 February and will be hosted by the Mayor of Haifa, in the historic City Hall in the Hadar mid-town area. In addition, we will have a special pre-dinner reception on 13 February, hosted by the Bahai World Center (click here for more on the Bahai Gardens in Haifa).
Please note that we have added a new workshop to our list of optional pre-conference workshops: Workshop 5 on National Land Ownership and housing policy. Click here to see the new workshop in the list and and to submit your workshop registration form (you are welcome to resubmit if your preferences have changed).
We look forward to seeing you at PLPR 2014 Conference
Rachelle Alterman for the Local Organizing Committee
So fire up those keyboards and get to writing!
Continue Reading Reminder: Upcoming Deadline For Abstracts For Property Rights Conference
One More Law Review Article: “Rethinking the Federal Eminent Domain Power”
A lot of interesting law review articles published lately, and here’s the latest: William Baude, Rethinking the Federal Eminent Domain Power, 122 Yale L.J. 1738 (2013). As the title suggests, the author argues that for 75 years, the original view was that the federal government lacked eminent domain power, because it was not
New Law Review Article, “The Upside of Losing,” Focuses On Kelo
Here’s one that might make you feel better, particularly if you end up drawing the short straw in litigation: in The Upside of Losing, 113 Colum. L. Rev. 817 (2013), Professor Ben Depoorter writes about how winning may not be the “only thing” in public interest litigation.
Of particular interest to the readers of
New Law Review Article On Just Compensation: Property Owners Getting Too Much
Much of the interest in eminent domain law since Kelo v. New London understandably has been on the Public Use Clause, but as condemnation lawyers know, a supermajority of the issues in these cases involve the other part of the Takings Clause, the question of just compensation.
The shorthand usually employed is that an owner