Due process

The Federalist Societyhas posted a podcast of my Pacific Legal Foundation colleague Jim Burling discussing Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009):

If that doesn’t work for you, go here to download the mp3.

The Stop the Beach Renourishment case, which has been

Eagle_reg_takings_cover I just received my copy of the latest edition of Professor Steven J. Eagle‘s definitive treatise Regulatory Takings (Lexis/Nexis, 4th ed. Dec. 2009).

Like the earlier editions, this is a must-have for every land use and property law attorney’s back bookshelf.

Chapters include “Property Rights and Their Sources,” “The Ascendancyof Land Use Regulation,” “Analytical

Statelocalcover_1_2010_small The most recent edition of State & Local Law News has an article summarizing the arguments in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009). 

That case, which has been argued and is currently awaiting disposition by the Supreme Court, asks whether a state

Both parties have asked the Hawaii Intermediate Court of Appeals to take another look at its opinion in Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. 28175 (Dec. 30, 2009).

In that case, the court held (1) the Hawaii Legislature took existing littoral accretion when it assigned ownership of the accretion from

Noparking Many years ago I got a parking ticket, my first. Here’s the story: when I left the car, it was a legal space, no meter. In the few hours I was away, the city public works department erected a “no parking” sign and painted the curb red. The police were equally efficient, and by the

The Minnesota Supreme Court today heard oral arguments in Eagan Economic Development Authority v. U-Haul Company of Minnesota. The case asks from where a redevelopment authority derives its eminent domain power. We digested the court of appeals’ decision here.

Update: a report on the argument is posted here.

Here’s the summary of

In the editorial “Eminent Domain in New York,” (Dec. 13, 2009), the New York Times opines about the two recent eminent domain decisions from the New York state appellate courts:

A New York State appellate court has misguidedly put a roadblock in theway of Columbia University’s expansion plans, ruling that the statemisused eminent

Here’s an opinion from the U.S. Court of Appeals for the Seventh Circuit that’s worth reading, if only to see why we like reading Judge Posner’s writings:

  • It uses contractions (Judge Kozinski would approve). Slip op. at 11 (“The rule doesn’t apply to an order of civil contempt…”); slip op. at 5 (“No court thinks,