Leave it to Federal Circuit Judge Timothy Dyk — who, as far as we can tell, has never once ruled against the government in a takings case — to conclude that the U.S. Supreme Court’s recent opinion in Knick v. Township of Scott, 139 S. Ct. 2162 (2019) actually works to the detriment of
Fed Cir: Inter Partes Reexamination Of Patents Isn’t A Taking
Usually, when we’re scanning the daily email from the Federal Circuit for takings decisions of interest, we look for “United States” as the defendant, and our eyes glaze over the other cases on the court’s docket such as patent matters. But today, we were rewarded: a takings issue in a patent matter.
Get Ready – ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Nashville Jan. 23-25, 2020
Details soon. In the meantime, get your earlier registration discount.
Upcoming Webinar – Knick Picking Regulatory Takings: Did the Court Right a Wrong, or Wrong a Right? (free for State and Local Govt Law Land Use Committee members)
The Land Use Committee of the ABA’s Section of State and Local Government Law is sponsoring a free (for Section members) informal webinar about the latest in takings law:
Knick Picking Regulatory Takings: Did the Court Right a Wrong, or Wrong a Right?
Friday, July 26 | 2 – 2:30pm ET
Here’s hoping you can
Cases And Links From Today’s Eminent Domain And Pipelines Conference (Houston)
I am grateful that planning chairs Justin Hodge and Jeremy Baker invited me to their conference. A room full of experts. Here are the links to the cases and other items I spoke about:
- Knick v. Township of Scott: initial thoughts on what might be a dawning “golden age” of property cases
- Knick, Entirely
Friday Round-Up: California Inverse Condemnation, Lawprof Epstein Litigates Public Trust, Property In Ecology, And More
Here’s what we’re reading this Friday:
- Plaintiffs Cannot Bring Inverse Condemnation Claims Before a Public Agency Makes a Final Determination on Allowable Development – California Land Use & Development Law Report
- One reason for the high cost of housing in California may surprise you — overregulation – Los Angeles Times (Barista’s note: is anyone surprised
Dirt Lawyer CLE At ABA Annual Meeting (San Francisco)
If you are going to be attending the ABA Annual Meeting in San Francisco next month, here are some of the CLE and other programs of interest to property, land use, and eminent domain types, sponsored by our Section, the State and Local Govt Law Section:
Thursday, Aug. 8
- Knick Overrules Williamson County: What
Guest Post: Senator Is Wrong About Knick Ruling
Back to Knick for a bit. Our colleague Dwight Merriam has penned a response to a recent op-ed by U.S. Senator Sheldon Whitehouse (D – RI).
The good senator, if you weren’t aware, was also the guy who argued and lost the Palazzolo case all the way back in 2001. Apparently, he’s still sore about
Knick, Entirely In Memes
We’ve resisted for as long as we can.
Here’s our take at telling the Williamson County and Knick story, 100% in memes.
Why, you may rightly ask?
Well, it started with our Knick amicus brief, which included a meme that we thought captured well the injustice of property owners being prohibited by Williamson
Knick Analysis, Part I: After More Than 30 Years, Supreme Court Reopens The Federal Courthouse Door To Property Owners
Yes, this is detail from the Supreme Court’s front door.
This is the first in what will be a short series of five posts with thoughts on the landmark decision in Knick. In this installment, a crash course in the extensive doctrinal background necessary to understand why the Knick Court did what it did. Here