A new article on takings from U. Virginia Law School profs Ann Woolhandler and Julia Mahoney in the Notre Dame Law Review, “Federal Courts and Takings Litigation.” Get the pdf here.
Rather than try and summarize the piece, we’re just going to cut-and-paste the highlights from the article’s Introduction:
While Knick clearly expands
Check this out: the International Right of Way Association’s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.” (This is the “international” right of way association, so that last qualifier is important.)
And what is really nice is that they make the report available
An article, from the just-published issue of the Brigham-Kanner Property Rights Journal, about a rarely-covered academic topic, just compensation.
Brian A. Lee (Brooklyn), “Equitable Compensation” as “Just Compensation” for Takings, 10 Brigham-Kanner Prop. Rts. J. 315 (2021).
Here’s the Abstract:
The Fifth Amendment’s requirement that the government pay “just compensation” to owners of
If you ever get the opportunity to teach in a law school — either as a full-time legal scholar, or part-time as an expert adjunct practitioner — take it if you can. You might think you know a lot about a particular subject, but there’s nothing like spending time at the lectern in a law
We’ve talked about the “playground constitution” before (and written about it). You know this stuff:
The third constitution is what has been labeled the “popular constitution” that exists, unwritten, in the broader culture. I call this the “playground constitution,” embodying rules that a broad swath of the populace believes are part of
Back in February, we were honored to be part of the University of Hawaii Law Review’s symposium “25 Years of PASH,” a retrospective of one of the Hawaii Supreme Court’s most famous (or infamous) decisions, Pub. Access Shoreline Haw. v. Haw. Cnty. Plan. Comm’n, 79 Haw. 425, 903 P.2d 1246 (1993), cert. denied
Here’s a new law journal article, just published, which we recommend everyone read.
Michael M. Berger, “Whither Regulatory Takings,” 51 Urban Lawyer 171 (2021). Available online here.
If you need encouragement to read it, here’s a sample:
The thrust of this article is severalfold. First, Holmes was right. His simple conclusion on
Worth reading: an article in ALI-CLE’s Practical Real Estate Lawyer, authored by our friends and colleagues Steve Clarke, Justin Hodge, Jeremy P. Hopkins, and Christian Torgrimson, “Inverse Condemnation: Standards and Burden of Proof.”
A subscription to PREL costs, but for this issue the good people at ALI have made it available for
Here’s what we’re reading today, a recently-published law review article by Brendan Mackesey, The Dawn of a Judicial Takings Doctrine: Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, 75 U. Miami L. Rev. 798 (2021).
Here’s the Abstract:
In Stop the Beach Renourishment v. Florida Department of Environmental Protection, 130
Here’s what we’re reading today. And this is one of those articles that you should not miss.
Our W&M colleague Katherine Mims Crocker has published “Reconsidering Section 1983’s Nonabrogation of Sovereign Immunity,” 73 Fla. L. Rev. 523 (2021).
Why is this a “must read” you ask? Because Professor Crocker concludes, “[t]he preceding Parts