Last week, the 15th Annual Brigham-Kanner Property Rights Conference saw the gathering of legal scholars, judges, lawyers, and law students at the William and Mary Law School to award the B-K Property Rights Prize to Cardozo lawprof Stewart Sterk, followed by a day-long conference focusing on Professor Sterk’s work and the latest developments in property
Court of Federal Claims | Federal Circuit
Join Us For The 36th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference In Palm Springs (Jan 24-26, 2019)
Our colleague and co-planning chair Joe Waldo was in town yesterday, so we walked through historic Williamsburg, Virginia (cradle of the Constitution and the Bill of Rights), to invite you to join us for the 36th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference (January 24-26, 2019, in Palm Springs, California).
New Cert Petition (MR-GO Katrina Case): Can Government *Inaction* Lead To A Taking?
Here’s the cert petition we’ve been waiting to drop in a case we’ve been following closely.
Last we checked in, the Federal Circuit (any guess on which judge?) held that the catastropic Katrina flooding — caused mostly by the federal government’s construction and maintenance of a navigation project, the Mississippi River Gulf-Outlet …
ALI-CLE 2019 Eminent Domain And Land Valuation Litigation Conference, Palm Springs Agenda – Register Now!
You’ve known for a while that Palm Springs, California, specifically the Renaissance Palm Springs Hotel (a resort facility, but right in town, so you will have many options for “off campus” activities like art museums, the aerial tram, golf, and whatever suits your fancy, and close-in to the Palm Springs Airport), is the venue…
Tuesday Reading List – Flood Takings, Cuba Property, Beach Access, And … Space Aliens
Here’s what we are reading (or listening to) this Tuesday:
- Richard Epstein’s podcast on “Is it a Taking When the Government Floods Your House?” (Federalist Society)
- Teaching takings: Professor Stephen R. Miller on Contemporary Issues in Teaching Land Use: Question 8: Hot Topics in Takings (lawprof blawg)
- “Communist-run Cuba to recognize private
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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
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Fed Cir: Takings Claim For Loss Of Access To National Forest Land Not Ripe
The plaintiffs owned mining and homestead claims on land in the Santa Fe National Forest. They claimed they own easements to access these lands, recognized by federal statutes. The government said no, these are just access rights, not easements.
Then a fire, followed by flooding which severely damaged the Forest Service roads which the plaintiffs…
Federal Circuit: Restoration Of Foreign Govt’s Sovereign Immunity For Terrorist Acts Isn’t A Physical Taking Of Victim’s Money Judgment
Here’s the latest in a case we’ve been following. In Alimanestianu v. United States, No. 17-1667 (May 7, 2018), the U.S. Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims’ ruling rejecting takings liability for the government wiping out a money judgment in favor of terrorism victims against the Libyan…
The Latest In The Houston Flood Cases: CFC Rejects Gov’t’s Motion To Dismiss
Here’s the latest in the Houston flood cases against the federal government asserting inverse condemnation, which we’ve been following.
In this Opinion and Order, the Court of Federal Claims (Judge Lettow) rejected the Government’s motion to dismiss, deferring it until trial. If you want a quick rundown of the case, the…
The (First?) Post-Oil States Shoe Drops In Patent Takings By Inter Partes Review
If you understand this post’s headline, congratulations: you are the nerdiest of law nerds, checking no less than two boxes in the obscure law category, takings and patent law.
But if you have been paying attention here, you know that recently, the Supreme Court, in Oil States Energy Services, LLC v. Greene’s Energy Group…



