These days, parts of California often looks more like a developing country than the world’s fifth most powerful economy. Urban encampments — complete with medieval diseases — have become legendary. The streets of its glittering cities of tech are paved not with gold, but with human waste (but there’s an app for that!).
Inverse condemnation
Apparently, Trees Are Not Property In Nebraska
We read the Nebraska Court of Appeals’ opinion in Russell v. Franklin County, No. A-18-827 (Oct. 15, 2019), twice, just to be sure we were understanding the holding and rationale correctly. Apparently we were: the court held that when the State (inadvertently) takes property — here, the County highway maintenance department entered the plaintiffs’…
Amicus Brief: Federal Circuit Assumes Plaintiffs Understand SCOTUS’ Regulatory Takings Doctrine Better Than SCOTUS Understands Regulatory Takings Doctrine
We’re in California, where we’re playing Lincoln Lawyer for a few days because in its infinite wisdom, the utility company has preemptively shut off power for one week due to the threat of wildfire inverse condemnation lawsuits. We’re actually playing Chevy Tahoe Lawyer, because we’re literally working out of a truck since that’s…
ALI-CLE Eminent Domain & Land Valuation Litigation Conference – Jan 23-25, 2020, Nashville
2019 Brigham-Kanner Conference: The New New Property – Public Resources And Private Rights
Here is a transcript of the remarks I delivered today at the 2019 Brigham-Kanner Property Rights Conference. I was honored to join lawprof Henry Smith and Florida Supreme Court Justice (ret.) Ken Bell (who authored the Florida court’s opinion in Stop the Beach Renourishment which was challenged in SCOTUS as a “judicial taking”) to speak…
New Article: “Knick v. Township of Scott: Ending a Catch-22 that Barred Takings Cases from Federal Court”
Takings mavens know lawprof Ilya Somin. Among other things, he’s authored some of the more interesting and useful scholarship in our field.
Here’s his latest, published in the 2019 Cato Supreme Court Review, about the Supreme Court’s latest takings case, Knick v. Township of Scott.
We naturally recommend you read the entirety…
Here’s The Agenda And Faculty For The 2020 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Nashville, Jan 23-25, 2020
You overwhelmingly asked for Nashville, and we’re bringing it to you!
Get ready, and hold your place now: here’s the list of programs and speakers for the 36th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, to be held at the Downtown Nashville Hilton, January 23,- 25, 2020. Two-and-a-half days with top-notch national…
Guest Post: An Economist Looks At Takings Law – Smyth And Massachusetts’ New Penn Central Factor
Today, we’re featuring a post written by our Tennessee colleague, economist William Wade. He writes about the Massachusetts Court of Appeals’ recent decision in Smyth v. Conservation Comm’n of Falmouth, and the more recent cert petition in that case. Bill writes and comments frequently on takings cases. See, e.g., William W.
Get Ready: The 2020 ALI-CLE Eminent Domain And Land Valuation Litigation Conference Agenda Coming Soon
The final agenda and faculty list will soon be officially published, but we wanted to give you a preview of what is in store at the ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 23-25, 2020, at the Nashville Hilton (downtown, just a few steps away from everything that Nashville has to offer).
Don’t…
Hic Sunt Dracones – New Cert Petition Argues Penn Central Results In “Inconsistent,” “Unprincipled,” “Amorphous,” “Illegitimate” Decisions
Here’s the cert petition filed recently in a case we’ve been tracking. (See also this guest post by economist Bill Wade about that case.)
As the above photo tells you, this one is going into what may the last truly unexplored frontier of regulatory takings law, the details…







