Due process


Here’s the recording of the Federalist Society’s Environmental Law & Property Rights Practice Group teleforum we did a couple of weeks ago, “COVID-19 & Property Rights: Do Government Actions in Response to the Coronavirus Pandemic Create Compensable Takings?” Stream above, or download it here.…

Here’s the latest complaint that alleges a taking arising out of the coronavirus situation. It joins a long list of similar lawsuits (See here, here, here, here, here, here, here, here, here, here and here, for example.

This one challenges the State of New …

Another complaint asserting that a business that had to shut down is entitled to compensation for a taking (among other claims). The business in this case is a law firm, and the complaint is a class action. This joins a long (and growing) list of similar complaints. See here, here, here, …

Programming note: On the weekend we’ve set aside to remember our nation’s war dead, we thought we’d repost this one, about how Arlington National Cemetery came to be, and how yes, there’s a takings story there.

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LastbattlebookYou know how we’re always saying that the provisions in the Takings Clause are “self-executing,” that even in

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Our shut-in time has got us to thinking.

We’re all environmentalists now. This is the precautionary principle writ large. In a way, this is only part of a greater problem.

Welcome to the Twitterverse. We now have access to a vast amount of data — very often on a granular level — and this moves…

Even as some jurisdictions are easing the restrictions, here is the latest coronavirus-related complaint asserting a taking. This one was filed in an Illinois federal court, and joins an ever-growing list of similar claims (see here, here, here, here, here, here, here and here).

The complaint is …

LUI 2020 slider

Join us starting tomorrow, Tuesday, May 12, 2020 for the 34th Land Use Institute. Originally scheduled for April in Tampa, we obviously couldn’t do tha, so we did the next best thing — moved this venerable course online. The Planning Chairs (Frank Schnidman and Dean Patricia Salkin) have assembled the usual hot topics session…

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Normally, we would not be asking our colleagues who are licensed to practice in Hawaii to represent an opposing party. Especially in a case in which the Hawaii Supreme Court has already accepted an application for writ of certiorari (local practice note: in the 808, we don’t say that you petition for cert — you…

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“The Cornfield” at Antietam

Two more complaints that challenge state-ordered shut-down orders as takings. The first from Maryland, the second from across the country in Nevada. These join an ever-growing list of such lawsuits. See here, here, here, here and here, for example.

We set out what we think…

Please mark your calendars for Friday, May 15, 2020 at 2:30pm Eastern Time, for the teleforum sponsored by the Federalist Society’s Environmental Law & Property Rights Practice Group, “COVID-19 & Property Rights: Do Government Actions in Response to the Coronavirus Pandemic Create Compensable Takings?”  

The issue: how should courts evaluate the claims for…