Inverse condemnation

Do we really need to tell you how a rent control regulatory takings claim fared in the Ninth Circuit? We didn’t think so.

In Colony Cove Properties, LLC v. City of Carson, No. 16-562655 (Apr. 23, 2018), a three-judge panel reversed a district court jury verdict which concluded that the City was liable for

MRGO

When you a federal takings plaintiff in the Federal Circuit and you pull Judge Timothy Dyk on your panel, your heart sinks. More so when he aggressively questions you in oral argument. And when you see he has written the opinion, you know it’s game over at this level.

Because we can’t remember a single

Here are the cases and materials I either discussed, or planned to discuss (but ran out of time), in this morning’s session at the 32nd Annual Land Use Institute:

  • Kaiser Aetna v. United States, 444 U.S. 164 (1979) (establishing that “navigability” for purposes of regulation is different in kind from navigability for purposes

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We’re in Detroit the rest of the week at the Mercy Law School for the venerable Land Use Institute, now in its 32nd iteration.

Planning Chair Frank Schnidman has assembled a great faculty including out Detroit colleague Alan Ackerman (above, talking about takings liability for flooding), and we’ll be spending the time talking inverse

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For those of you who subscribe, check your inboxes for the latest issue of the University of Hawaii Law Review.

Most worthwhile article in our view: Adam N. Miller, Up in the Air: The Status & Future of Drone Regulation in Hawaii.  (Sidebar: Mr. Miller will be one of our firm’s summer associates

Today’s case is one of what we call “regionally classic” cases that we come across from time to time. You know, cases that just fit into all your preconceived notions about a place. Beach cases from Hawaii. Gator law opinions from Southern states. Vermont = snow law, California, land and wineries. Here’s another one

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The William and Mary Law School has announced the recipient of the 2018 Brigham-Kanner Property Rights Prize, Cardozo School of Law Professor Stewart E. Sterk.

He will receive the prize at the 15th Annual B-K Conference in Williamsburg, October 4-5, 2018

Sterk’s publications span a wide variety of areas, ranging from property

Space is filling up, but there’s still time to join us later this month in Detroit for the 32nd Annual Land Use Institute (April-19-20). 

We’ll let program Planning Chair Frank Schnidman explain all the reasons why, and we’ll add only these points: (1) it’s a very good program that won’t take much of your time

Here’s what we’re reading this Thursday:

Cert(s) Denied

  • Brott v. United States, No. 17-712. This one was disappointing, but, I suppose, not surprising given that it would have upset current practice, no matter how unconstitutional that practice is. This is the case which challenged the takings-claims-against-the-feds-over-$10k-must-go-to-the-CFC-with-no-jury scheme. We did a brief in support

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As we reported here, the U.S. District Court for the District of Hawaii just finished a jury trial in a regulatory takings case (removed by the defendant State of Hawaii from Hawaii courts) involving a stalled development on the Big Island.

The jury has returned a verdict after 8 days of trial, concluding the