Clare Trapasso has a Realtor.com piece on what a Justice Kavanaugh could mean for real estate, property, and land use issues, “What Supreme Court Nominee Brett Kavanaugh Could Mean for Real Estate,” where she correctly notes that “while commentators have been scrutinizing Kavanaugh’s record on hot-button topics like abortion and immigration, there’s been
Links And Materials From Today’s Transportation Research Board Session
Here are the cases and other items I either spoke about or mentioned at today’s Transportation Research Board‘s 57th Annual Workshop on Transportation Law in Cambridge, Massachusetts:
- The Colorado public use cases: public use vs. public purpose: Lafayette and Carousel Farms
- On the Supreme Court docket: Violet Dock Port (SCOTUS, Louisiana)
- The Louisiana Supreme
Fed Cir: Takings Claim For Loss Of Access To National Forest Land Not Ripe
The plaintiffs owned mining and homestead claims on land in the Santa Fe National Forest. They claimed they own easements to access these lands, recognized by federal statutes. The government said no, these are just access rights, not easements.
Then a fire, followed by flooding which severely damaged the Forest Service roads which the plaintiffs
DC Cir: No Property Right In A Clean And Pure Environment Because No Right To Exclude Others
Remember that case from earlier this year where the Hawaii Supreme Court held that for purposes of Hawaii’s Due Process Clause, the Sierra Club (any “person,” actually) has a property right in a “clean and healthful environment?”
We asked if that were the case, then what does that “property” right look like? For example, how
9th Cir: “Ape Shall Not Sue Ape!” Court Has Time For Silly Monkey Selfie Case, But Not For Takings
Here’s the not unexpected decision from the U.S. Court of Appeals for the Ninth Circuit in a case we’ve been following (sort of). It should never have gotten this far, even as the “plaintiffs” raise the specter of a cert petition.
We say again: the federal courts seem to have time for this brand
Cases And Materials From The Takings And Eminent Domain Session At The Land Use Institute
Some of the Land Use Institute faculty, including (front row left), Planning Chair Frank Schnidman and Planning Co-Chair Patty Salkin
Last Friday at the 32nd Annual Land Use Institute in Detroit, I was honored to moderate a freewheeling discussion by a panel of takings experts, Professor Steven Eagle, Minnesota lawyer Howard Roston, and Michigan’s
Land Use Institute – Detroit
We’re in Detroit the rest of the week at the Mercy Law School for the venerable Land Use Institute, now in its 32nd iteration.
Planning Chair Frank Schnidman has assembled a great faculty including out Detroit colleague Alan Ackerman (above, talking about takings liability for flooding), and we’ll be spending the time talking inverse
There’s Still Time To Join Us In Detroit: 32d Annual Land Use Institute
Space is filling up, but there’s still time to join us later this month in Detroit for the 32nd Annual Land Use Institute (April-19-20).
We’ll let program Planning Chair Frank Schnidman explain all the reasons why, and we’ll add only these points: (1) it’s a very good program that won’t take much of your time
Thursday Round Up: Cert(s) Denied, Cal Wildfires, City-to-City Takings, Other Stuff
Here’s what we’re reading this Thursday:
Cert(s) Denied
- Brott v. United States, No. 17-712. This one was disappointing, but, I suppose, not surprising given that it would have upset current practice, no matter how unconstitutional that practice is. This is the case which challenged the takings-claims-against-the-feds-over-$10k-must-go-to-the-CFC-with-no-jury scheme. We did a brief in support.
Department Of Precrime: HAWSCT Considers Cultural “Property” In Public Land
Remember the Tom Cruise/Steven Spielberg flick Minority Report? That’s the one based on Philip K. Dick’s short story in which the police force’s PreCrime unit can presage that a citizen will violate the law in the future, so they arrest him now even though he has committed no crime.
That’s the same vibe we