We’re hoping that someone can explain the Florida District Court of Appeal’s recent opinion in Bondar v. Town of Jupiter Inlet Colony, No. 4D19-2118 (May 5, 2021) in a way that makes sense other than the old apocryphal tale of “I don’t know why we do things this way, except that we’ve always done
New L Rev Article: Knick Won’t Mean Much Until Federal Courts Get Over “Strong Distate, If Not Outright Contempt” For Land Use Matters
R.S. Radford’s most-recent article, Knick and the Elephant in the Courtroom: Who Cares Least About Property Rights? in the latest issue of the Texas A&M Journal of Property Law, should be next on your to-read list.
Here’s the summary of the article:
Throughout the thirty-four-year history of Williamson County, one fact was taken for
New Cert Petition (Clement): Making It Illegal To Keep High-Capacity Magazines Declared Contraband Is A Taking
That rail crossing in Chicago
We’ve noted before that gun cases have life of their own, often divorced from strict legal logic. Throw in takings, and you’ve got a recipe for a difficult challenge.
But add to the mix a Supreme Court überlawyer, and maybe your chances go up. Who knows for sure.
Texas’ Takings Statute Allows Claims For Both Physical And Regulatory Takings
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
Indiana: Owner’s Remedy For Condemnor’s Trespass After Dismissal Of Eminent Domain Lawsuit Is Inverse Claim, Not Reopening The Condemnation
If you’re wondering what to do if, during the course of an eminent domain lawsuit or project, a condemnor (or anyone else with the power of eminent domain) invades, occupies, or affects more property than it acknowledges, check out the Indiana Court of Appeals’ opinion in Lake County v. House, No. 20A-PL-1675 (Apr. 14
New(ish) Cert Petition: Is Fracking Moratorium A Loretto Or Lucas Categorical Taking?
We’ve been meaning to post this one for a while, and it appears our procrastination has paid off: the Court has asked for a response.
Normally, we’d summarize the case and the issues, but in this instance, the cert petition‘s Question Presented lays it all out:
Petitioner, Next Energy, LLC, commenced acquiring blocks
Read And Listen To The Oral Arguments In SCOTUS’ Latest Takings Case
You listened live. Or you missed that, and listened to the recording. Or, you preferred to review what others thought of the arguments. Now you can read it yourself.
Here’s the transcript of Monday’s oral arguments in Cedar Point Nursery v. Hassid, No. 20-107, the case in which the Supreme Court
We Join Pendulum Podcast To Debate Oysters, Property Rights, Takings
In which we join the Pendulum Land Podcast (again, thank you hosts!) to talk about the Virginia Supreme Court’s recent opinion in Johnson v. City of Suffolk, the case we label the “oyster takings” case in which Hampton Roads oystermen claimed that their property was taken when the City of Suffolk and the Sanitation
Cedar Point Oral Arguments Round-Up
Here are links to the summaries and analysis of yesterday’s oral arguments in Cedar Point Nursery v. Hassid, No. 20-107, the case asking whether California’s forbidding of agricultural property owners from keeping out union organizers is a taking:
Neutral
- Justices try to draw lines in California property-rights dispute (Amy Howe, SCOTUSblog) (“During 70 minutes
In California, Can A Landowner Really Say “Keep Out?” Things To Look For In Today’s SCOTUS Cedar Point Nursery Arguments
Here’s the recorded arguments.
- California will try and push the Court to seeing this as an “anti-union” lawsuit: this is not that big of an intrusion, we’ve been doing it for 50 years under both Cal and federal law, and a ruling for the property owners will upset this apple cart and prevent unions