By now, you know that the 19th Brigham-Kanner Property Rights Conference is set for September 29-30, 2022, at the William and Mary Law School in Williamsburg, Virginia (register here – space is limited – fee ranges from free to $195 – a bargain!). And you know that our colleague Jim Burling is this
We’ve been meaning to post the U.S. Court of Appeals for the Sixth Circuit’s opinion in Barber v. Charter Twp of Springfield, No. 20-2298 (Apr. 11, 2022) for a while because it emphasizes an important point about “final decision” ripeness, and the sometimes ridiculous arguments made to support an argument that a takings claim
The Cass County Water Resource District wanted to acquire the Sauvageau property for a flood control project. That means flooding the property, removing all trees and vegetation, and taking dirt. Putting the land underwater, permanently. Cutting off the public access road. And removing the Sauvageau home.
The District offered to buy the fee interest from
After a two-year absence in which we went remote, in the last week of last month (our usual spot on the calendar, between the playoffs and Super Bowl), we once again met in-person for the American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference.
Approximately 200 lawyers, judges, legal scholars, appraisers, law students
All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:
You’ve got big dreams, you want fame…
If so, here’s your chance: two (2!) Takings Maven Dream Jobs® are now available.
Pacific Legal Foundation requesting applications for positions as a Property Rights Constitutional Litigator. Job description includes “You will find and win the next important Supreme Court property rights case.”
A short one from the South Carolina Supreme Court. In Ray v. City of Rock Hill, No. 28045 (Aug. 4, 2021), the court held that the city’s re-connecting its pipe that had previously flooded Ray’s property qualified as the “affirmative, positive, aggressive act” required by S.C. law as an essential element of a new
All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:
Here’s what we’re reading today (inter alia): Walter W. Heiser, Floods, Fires, and Inverse Condemnation, 29 N.Y.U. Envtl. L. J. 1 (2021).
From the Introduction:
This Article examines the proper application of the doctrine of inverse condemnation in two important areas: flood damage to private property caused by a public improvement (e.g., a
Here’s one we’ve been waiting to drop. In San Jacinto River Authority v. Medina, Nos. 19-0400, 19-0402 (Apr. 16, 2021), the Texas Supreme Court held that “statutory takings” under the Texas Government Code include both physical invasion takings as well as regulatory takings.
This case stems from flooding allegedly caused in part by the
