The voters of South Lake Tahoe, California, adopted an ordinance that forbade the city from issuing short-term rental permits for properties in residential zones unless the owner was a permanent resident of the city, and declared that all short-term rental permits would expire three years later. The trial court granted the city summary judgment on
Montana: Owning The Land Is Enough To Plead A Property Interest: Property Means “Rights Inherent In Ownership,” Not Extent Of Govt Discretion
The Supreme Court of Montana’s opinion in Tai Tam, LLC v. Missoula County, No. DA21-0660 (Nov. 15, 2022) starts off like a somewhat typical land use dispute turned into a constitutional fight. The property owner sought subdivision approvals for a 28-acre parcel to allow residential development, and the County denied the applications because “the
Here’s The Program For The 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Feb 1-4, 2023, Austin
Here it is, the official agenda and program for the 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, February 2-4, 2023 (with a special event the evening of Wednesday, February 1, 2023 to entice you to arrive early).
Here’s the brochure with the complete agenda, schedule, and faculty listing. But to tempt you,
Tanning Beds v. Liquor Stores – No Equal Protection, No Physical Take, No Lucas Take For Co-19 Biz Shutdown Order
To “slow the spread” in the early days of the Co-19 thing, the City ordered businesses to shut down. But not Wal-Mart, liquor stores, or churches. Golden Glow, a tanning salon objected, and told anyone who would listen that it could operate without person-to-person contact. Sorry, no exceptions.
Federal lawsuit followed, alleging the claims you
Still Time To Join Us (In-Person Or Remote) For The 19th Annual Brigham-Kanner Property Rights Conference
One last reminder that there’ still time to register for the upcoming Brigham-Kanner Property Rights Conference at the William and Mary Law School in Williamsburg, Virginia, September 29-30, 2022. If you can’t make it to the historic campus, there’s an option to attend remotely.
In our opinion, the Conference is the best of its kind
CA6: No “Police Power” Exception To Takings (But It’s Nonetheless Dispositive As Penn Central’s Character)
A short one (unpublished) from the U.S. Court of Appeals for the Sixth Circuit, considering an issue we’ve been following: what is the effect of the government’s claim that it is regulating property for what looks like a valid “police power” purpose?
As noted, that’s a road we’ve been down before. Here’s a sampling:
NC: Generally-Applicable Impact Fee Is Subject To Nollan/Dolan/Koontz
We recommend you review the North Carolina Supreme Court’s opinion in Anderson Creek Partners, L.P. v. County of Harnett, No. 63PA21-1 (Aug. 19, 2022). It’s long (70 page majority, plus 19 pages of concurring and dissenting opinions), but worth your time because the majority concludes that legislatively-imposed fees, applicable to all, are “exactions” that
CA2: Land Use Challenge (Not Takings) Is Ripe – Govt Gave Its Final “No”
Check out the U.S. Court of Appeals for the Second Circuit’s opinion in Village Green of Sayville, LLC v. Town of Islip, No. 19-3353 (Aug. 5, 2022), a case in which the court held the Town reached a final decision denying Village Green’s request to develop a 64-unit apartment complex on Long Island.
Final
The Circle Is Now Complete: A Sampling Of Final Paper Topics From William and Mary Law’s Eminent Domain & Property Rights, And Land Use Courses
If you ever get the opportunity to teach in a law school — either as a full-time legal scholar, or part-time as an expert adjunct practitioner — take it if you can. You might think you know a lot about a particular subject, but there’s nothing like spending time at the lectern in a law
CA6: There’s A Difference Between Due Process “Property” And Takings Clause “Property”
Check out the U.S. Court of Appeals’ opinion in Andrews v. Mentor, No. 20-4030 (Aug. 25, 2021).
Property owners sought rezoning of their land from R-4 to “Village Green – RVG,” a higher density zone, so that the owners could build single-family homes. Under R-4, the maximum number of homes was 13 and had