We’ve been receiving a lot of visits lately from folks looking for information on inverse condemnation liability after the recent Northern California wildfires, and the flooding in Houston. In addition to the news stories (see SF Chronicle wildfire story here, and the Texas Tribune flood story here) which we’ve already posted, here are
California Fires And Inverse Condemnation: The “You Broke It, You Bought It” Theory
Update: 10/28/2019: “Lights Out in the Land of No: The Practical Effects of California’s Wildfire Inverse Condemnation Doctrine,” a post about the (ongoing) wildfires and latest developments in inverse condemnation doctrine.
Update 3/12/2018: “California Wildfires, Inverse Condemnation, and Climate Change,” a post about the various responses to the wildfire inverse condemnation
Cal App: Airport Didn’t Take Property By Adopting A Safety Plan That Prohibited Nearby Building (But Maybe The City Did)
We were all set to dive into the California Court of Appeal’s opinion (rendered in September, but only published yesterday) in Dryden Oaks, LLC v. San Diego County Regional Airport Authority, No. D069161 (Oct. 19, 2017), when our colleague Bryan Wenter beat us to the punch.
So we won’t go into detail, and recommend
2018 ALI-CLE Eminent Domain Conference – Agenda And Faculty Now Posted
The complete agenda and faculty list has now been posted on the ALI-CLE website, and early registration is open! Go now and reserve your spot.
We paid a visit to Charleston recently, the venue for our January 2018 conference, to scout it out. We can report that we’re going to have a great time
U. Hawaii Law Review Issue On Sharing Economy Issues (Including Takings!) Published
Check your mailboxes, the latest edition of the University of Hawaii Law Review is there or is coming. Got ours yesterday. This is the issue with the articles from the symposium (including ours on the ridesharing takings cases) on legal issues in the “sharing economy.”
Conflict Check: Hawaii Adds To Lower Court Regulatory Takings Split: Is Leaving Land Vacant On The Hope It Is Worth More In The Future “Economically Beneficial Use”?
This just in: the Hawaii Supreme Court has rendered a unanimous opinion in Leone v. County of Maui, No. SCAP-15-599 (Oct. 16, 2017), a case we’ve naturally been following because it involves regulatory takings (and we were involved in a similar case on a neighboring property).
We haven’t had a chance to review the
Professor David Callies Awarded William & Mary Law’s Brigham-Kanner Property Rights Prize
University of Hawaii Law School Professor David Callies last night was presented with William and Mary Law School’s Brigham-Kanner Property Rights Prize which is “presented annually to a scholar, practitioner or jurist whose work affirms the fundamental importance of property rights.”
As W&M notes about Professor Callies, a “prolific scholar whose work explores land use
2018 ALI-CLE Eminent Domain Conference: Early-Bird Registration Discount Now Posted
It’s not too early to reserve your spot at the 35th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, to be held at the Francis Marion Hotel in historic downtown Charleston, South Carolina, January 25-27, 2018.
We’re finalizing the Conference details, but can report that the program will, as usual, feature
New Williamson County Cert Petition: How Far Down The Rabbit Hole Does The “Final Decision” Requirement Take Us?
It’s no secret: along with a lot of our colleagues, we have thought for a long time that the Supreme Court needs to address the “final decision” prong of the Williamson County ripeness test. Ever since four Justices in 2005 concurred in San Remo Hotel to say so, we’ve been anticipating the case which presents
The Takings Case That Keeps On Giving: Murr Round-Up, Continued
Back when the opinion was first released, we posted a list of Murr v. Wisconsin links. Now that Court is nearly back from its summer vacation, here’s an updated list:
- Lloyd Pilchen, Parcels, Takings, and Environmental Protection in Murr v. Wisconsin (American Surveyor)
- Molly Brady, Penn Central Squared: What the Many Factors of Murr