22nd annual Alfred B. DelBello Land Use
and Sustainable Development Conference
Come, join us (and others) on Thursday-Friday, December 7-8, 2023, at Pace Law School in White Plains, New York for the Land Use and Sustainable Development Conference (this year’s conference theme is “Balancing Economic Realities with Environmental and Social Concerns”).
We’re speaking about the
On this day in 1926, the United States Supreme Court issued its landmark opinion in Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (Nov. 22, 1926).
You know this one (shame on you if you don’t!) – it is the case in which the Supreme Court first upheld — against
Here’s the brochure and the full agenda and registration information for the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference at the JW Marriott in New Orleans, February 1-3, 2024.
This is the long-running nationally-focused conference on all things eminent domain, takings, valuation, and related. We have three tracks, from which you can
A quick one from the Alabama Supreme Court. In Dixon v. City of Auburn, No SC-2022-0741 (Oct. 27, 2023), the court rejected a property owner’s claim that the city outlawing short term rentals of residential properties — when the plaintiff had been renting his basement for a while — was not a violation of
In Van Sant & Co. v. Town of Calhan, No. 22-1190 (Oct. 13, 2023), the U.S. Court of Appeals for the Tenth Circuit considered the claim of the operator of a mobile home park who asserted a due process property right to instead use its property as a RV park. Here’s why the court
A really quick one from the U.S. Court of Appeals for the Seventh Circuit.
In Willow Way, LLC v. Village of Lyons, No. 22-1775 (Oct. 5, 2023), the panel held that the plaintiff/property owner did not sufficiently plead federal diversity of citizenship jurisdiction over his state law takings claim.
After providing notice, the Village
To us, one of the strangest things in constitutional law is the conclusion that although private property is a fundamental right for purposes of the Just Compensation Clause, it isn’t fundamental for purposes of the Due Process Clause. When your private property is taken you must be provided compensation. But when you are deprived of
Interested in the intriguing question of whether a court ruling can “take” property? If so, check out the latest cert petition on the issue.
Let’s start with the Questions Presented:
1. Is a state supreme court able to “side-step” the just compensation requirement of the Fifth and Fourteenth Amendments by simply removing preexisting property rights
Here’s the cert petition, recently filed, which asks the Supreme Court to review the California courts’ decision that the state’s “unclaimed property” statute — by which the State is able to grab billions of dollars of private property on the theory that the owners abandoned it. The statute requires the State to try and
