As we noted recently, our spring William and Mary Law course is taking a look at the role of property rights in the debates about the ratification of the U.S. Constitution and the political atmosphere from the founding to the Civil War. Being able to studying these subject in Williamsburg is even better, because we’re
Just Compensation Site Visit: The First Right “Incorporated” Against States, And Local Govts
Where is this? The clues are all in the picture.
You’ve seen the citation so many times, your eyes probably gloss over it. After all, Westlaw lists it with 4,507 “Citing References.” That’s a heckuva lot of citations to a single case.
Like this one, pulled from a recent random federal district court opinion:
And
IJ’s “Bound by Oath” Podcast, Ep. 9: Excessive Fines, 14th Amendment Incorporation (And The Just Compensation Clause)
Check out the latest (and final) episode of the Institute for Justice’s “Bound by Oath” podcast. IJ’s John K. Ross was kind enough to ask us to be a guest on the show titled “Excessive Fines,” and our friend and colleague Bob McNamara and I sat down in Nashville to record our
Amici Briefs: What Do You Do With A Recalcitrant Condemnor Who Won’t Pay The Judgment? Magna Carta ‘Em!
Check out these two amici briefs, just filed in a case we’ve been following, about what a property owner who is awarded just compensation in a state court eminent domain lawsuit is supposed to do if the local government that is ordered to pay the just compensation judgment … doesn’t.
The property owner sued
Record Attendance (But There’s Still Time For You Last-Minute Filers) At Nashville ALI-CLE Eminent Domain Conference
Picture 1: how normal people see pie.
Picture 2: how you see pie if you’re coming to the
ALI-CLE Eminent Domain Conference.
If you get the above, you probably are already set to join us next week for the 37th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Nashville. (If not, shame on
Kansas: Tenant With An Interest In Property Who Knew It Was Being Condemned Is Precluded From A Later Inverse Claim
It’s 2020, so out with the old, in with the new.
We like any opinion that starts off with “[t]he facts giving rise to this appeal are complicated but do not require a lengthy recitation.” Because that signals the opinion writer has done the hard work, because in order to explain complicated facts in a
Biggest Case Of The Year…Or Maybe The Decade?
We’re seeing a lot of “end of year” and “end of decade” wrap-ups, so figured we’d better chime in.
As the above graphic hints (this is detail of the doors of the U.S. Supreme Court), our biggest case of 2019 (and probably of the twenty-aughts) is Knick v. Township of Scott
Space Still Available For ALI-CLE Eminent Domain Conference, Nashville Jan 23-25, 2020
If you get this, you need to attend the 37th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference, January 23-25, 2020, in Nashville.
And if you don’t get this, you need to attend more.
Tex App: City Ordinance Prohibiting Short-Term Rentals Unconstitutional
We’ve been meaning to post the Texas Court of Appeals’ opinion in Zaatari v. City of Austin, No. 03-17-00812 (Nov. 27, 2019) for some time.
The City of Austin adopted an ordinance that, among other things, prohibited short term rental of a residence that is not also owner-occupied, barred certain activities (such as weddings)
HAWSCT: When Agency Includes Conditions In Phase 1 Land Use Permit, But Later Removes The Conditions In Phase 2 Permit, Party Who Asked For Conditions Is Entitled To Notification
Here’s the latest opinion about land use from the Hawaii Supreme Court. Unite Here! Local 5 v. Dep’t of Planning & Permitting, No. SCAP-17-823 (Haw. Dec. 13, 2019). Because our Damon Key partner Greg Kugle was the prevailing lawyer in the case, we won’t go into detail about the opinion, but leave it