Here’s the transcript of Wednesday’s argument in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012).
BLUF (Bottom Line Up Front): we’re predicting the property owner win with a minimum six-Justice majority (perhaps more), with a narrowly drawn opinion vacating the Federal Circuit’s conclusion that temporary…
Here are links to worthwhile reads, all with a takings flavor:
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In or near Sacramento this week? You may want to attend this free program, sponsored by the American Action Forum:
The American Action Forum will host a panel discussion at the Hyatt Regency in Sacramento on the devastating downturn of the housing market and painful recovery currently facing our nation. There’s no question California’s housing…
In the op-ed piece “Eminently reasonable,” Brooklyn lawprof David Reiss writes that “using the power of eminent domain to restructure underwater mortgages is constitutional, beneficial and administratively feasible.”
Local governments across the country are considering an innovative use of eminent domain. They propose to condemn underwater mortgages (those that exceed the fair-market value…
You’ve seen those shirts, the ones that have “Hollister” emblazoned on the front (“So Cal inspired clothing for Dudes and Bettys”). But here’s a case about the real Hollister (the town in Northern California), and a condemnation action directed at the Hollister Inn, a roadside hostelry near that town.
In Council of …
We sure wish we could have attended the Cato Institute’s recent Constitution Day program in Washington, D.C., but here’s the next best thing, a video of the presentations on Property Rights, with a review of the recent Sackett and PPL Montana decisions by the Supreme Court, and an update about the state of property rights.
In Moore v. City of Middletown, No 2012-1363 (Aug. 30, 2012), the Ohio Supreme Court held that a property owner did not have standing to bring a regulatory takings claim when a “foreign municipality” (the neighboring city) rezoned an adjacent parcel, because the municipality did not have jurisdiction to exercise eminent domain over his…
Here’s a few reports worth reading:
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Those of you who attended the recent CLE session at the ABA Annual Meeting about Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012) may recall that Professor John Echeverria, the well-known environmental lawprof, said he was writing a brief in the case supporting the government’s arguments…
August 31, 2012 was a big day in the Texas Supreme Court for takings and condemnation lawyers. The court issued three major opinions in our favorite area of law. The first involves a question of public use, the second inverse condemnation, and the third valuation. Trifecta.
Instead of putting our gloss on the opinions, we’ll…
