Articles and publications

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

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

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

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

Cle-logoFor those of you attending the Virginia Eminent Domain Conference, here’s the expanded papers on “Tough Takings Questions: Regulatory Takings, Zoning Issues and Judicial Takings” and Public Use issues.

Use the password provided at the conference to open the pdf’s. It’s the same p/w for both. If you forgot the password, email me.

For those who did not attend, sorry folks, there are some benefits to coming to a conference! Y’all are going to have to wait for a bit — after a decent interval to allow the attendees to get their money’s worth, we’ll remove the password.

For more about the cases and books we discussed yesterday during my presentation on “Virginia’s Place in National Eminent Domain Trends, check these out:

  • Lingle v. Chevron, U.S.A., Inc., 544 U.S. 528 (2005) (gas station rent control, and the demise of the “substantially advance” test as a takings test).

     
    Continue Reading Materials From Today’s Virginia Eminent Domain Conference

    Here’s what we’re reading on this Tuesday-after-a-long-weekend:

    • Economic Impact in Regulatory Takings Law,” a forthcoming article by lawprof Steven J. Eagle about one of the prongs of the Penn Central takings test. Professor Eagle “concludes that unresolved issues and complexities in adjudicating the ‘economic impact of the regulation on the claimant’ test provide

    In a recently-published law review article, U. Hawaii lawprof David Callies found that “the Moon Court [1993-2010] decided some of thestate’s most important property and related environmental and Native Hawaiianrights cases in favor of the various non-governmental organizations bringingthem (Sierra Club, Earthjustice, Hawaii’s Thousand Friends, and the NativeHawaiian Legal Corporation) approximately eighty-two percent of

    43_ELR_10189_Page_01Thanks to the folks at the Environmental Law Institute, who have allowed us to reprint an article from a recent Environmental Law Reporter which brings some clarity to the subject of the “denominator” issue in regulatory takings.

    In Temporary Takings, Tahoe Sierra, and the Denominator Problem, William W. Wade, Ph.D., a resource