We’re posting this Complaint, not because it raises any new or novel issue, but because one of the plaintiff/property owners is San Francisco 49ers legend Joe Montana, who is suing San Francisco, alleging that the city’s maintenance of its stormwater/wastewater system (yes, the systems are one and the same) caused sewage to flood their
Register Now For The 20th Brigham-Kanner Property Rights Conference, Oct. 26-27, 2023
Early registration is a good thing because space is limited, especially at the Wren Building banquet on the 26th, at which the 2023 B-K Property Rights
Lawprof Shelley Ross Saxer Joins Bloomberg Law Podcast On Maui Wildfires And Inverse Condemnation
Here’s our colleague and friend, Pepperdine lawprof Shelley Saxer, an expert on inverse condemnation and its use in mass disaster cases, on the use of inverse condemnation as a theory of recovery for the Maui disaster. Here’s the description from Bloomberg Law Podcast:
“Shelley Ross Saxer, a law professor at Pepperdine University, discusses the Lahaina
Our Drive-Time Conversation About Hawaii Inverse Condemnation And Wildfires
On this morning’s drive-time program, we joined KHVH’s Rick Hamada about whether Hawaii might adopt California’s version of inverse condemnation liability in wildfire cases. We also tried to clear up a few misconceptions (gad, I used “disinformation,” a term I try to eschew).
Here’s the program description:
Inverse Condemnation and Maui Wildfires: A Conversation with
Owners’ Counsel Toby Prince Brigham Scholarship – Applications Being Accepted
Two years ago, Owners’ Counsel of America endowed a scholarship in the name of its founder, property rights advocate and trial lawyer Toby Prince Brigham (1934-2021). The scholarship is for a second- or third- year law student to attend the annual three-day ALI-CLE Eminent Domain and Land Valuation Litigation Conference (the upcoming Conference will be
First Lawsuit Filed (Incl. Inverse Condemnation) For Maui Wildfire: Is California-Style Inverse Condemnation Coming?
Well, that was quick. As reported here (“HECO Kept The Power Flowing In Lahaina Even As Poles Toppled“), we’ve already seen the first lawsuit filed seeking recovery for the Maui wildfire that destroyed Lahaina town — a class action even before there’s been any official word about what caused or contributed to the
CAFED: Temporary But Recurring Flooding Is A Categorical Taking, Not Penn-Central-Plus
Here’s the latest in a case we’ve been following.
In Ideker Farms, Inc. v. United States, No. 21-1949 (June 16, 2023), the U.S. Court of Appeals for the Federal Circuit held that temporary, but recurring government-caused flooding was correctly treated by the Court of Federal Claims as a categorical per se taking, and
Join Us August 9, 2023: ALI-CLE’s “How Did Property Rights Fare at the Supreme Court? What Happened in the 2022 Term and What’s Next”
On Wednesday, August 9, 2023 at 1:00 – 2:00 p.m. (Eastern Time), please join us for ALI-CLE’s web program, “How Did Property Rights Fare at the Supreme Court? What Happened in the 2022 Term and What’s Next.”
Here’s the course description:
This has been a blockbuster U.S. Supreme Court term for property law
California Supreme Court Reviewing The Murderer’s Creek Inverse Case
Check out this now-under-consideration Petition for Review, which asks the California Supreme Court to take up a case involving Murderers Creek, in Pleasant Hill, California. (Now there’s a jarring juxtaposition for you.)
The case started off as a “routine inverse condemnation case.” Pet. at 2. When Murderers Creek flooded, it damaged the plaintiffs’
Tyler Takings Round-Up
Here are what others are saying about Supreme Court’s recent ruling in Tyler v. Hennepin County, No. 22-166 (U.S. May 25, 2023), the case in which the Court unanimously held that the county’s keeping the excess equity in Ms. Tyler’s home over what she owed in property taxes and fees is an uncompensated taking