A new, must-add-to-your-reading-list article from takings and expropriations law scholar Professor Shai Stern.
In “Pandemic Takings: Compensating for Public Health Emergency Regulation,” Professor Stern dives into a question a lot of us have been pondering lately, namely whether the pandemic-related shutdown orders might trigger the Just Compensation imperative in the Fifth Amendment’s
Today’s Federal Circuit opinion in Golden v. United States, No. 19-2134 (Apr. 10, 2020) is the latest in the post-Oil States cases involving the alleged taking of patents.
Golden asserted three theories:
The complaint alleges the takings occurred by virtue of: (1) the government’s use, manufacture, development, and disclosure of the subject
Missed out on the 2021 ALI-CLE Eminent Domain and Land Valuation Litigation Conference swag?
Well fear not: here’s your chance to get your high-class reminder — a kit of road warrior essentials — to save the Conference date on your calendar. We’re already underway with planning the agenda and faculty, so it’s never too soon
After the recent demise of Williamson County‘s state procedures requirement, we’ve been looking at other ways in which takings claims raised in federal courts may be challenged. You know, things like the Eleventh Amendment, the still-valid final decision rule, full faith and credit and res judicata, and our old favorite obscure
A super short one (a hair over 4 pages) from the Massachusetts Supreme Judicial Court.
In Gentili v. Town of Sturbridge, No. SJC-12810 (Feb. 24, 2020), the court made short work of a property owner’s claim that an earlier Land Court verdict concluding that the town had obtained a prescriptive easement to discharge storm
Where is this? The clues are all in the picture.
You’ve seen the citation so many times, your eyes probably gloss over it. After all, Westlaw lists it with 4,507 “Citing References.” That’s a heckuva lot of citations to a single case.
Like this one, pulled from a recent random federal district court opinion:
And
Picture 1: how normal people see pie.
Picture 2: how you see pie if you’re coming to the
ALI-CLE Eminent Domain Conference.
If you get the above, you probably are already set to join us next week for the 37th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Nashville. (If not, shame on
If there’s one downside to the law school experience from the teacher’s side of the lectern, it’s grading. Especially at a law school like William and Mary that has a pretty strict mandatory curve.
In an upper-division course like “Eminent Domain and Property Rights Law,” where we’re dealing with some very high-level
You can also fly, drive, or bike to the upcoming 37th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference. in Nashville. Limited space still available, so don’t delay further and register now. We’re on track to record attendance, so you don’t want to miss the best nationally-focused three-day program on our area of
Here’s the video of our October panel at the 2019 Brigham-Kanner Property Rights conference during which we spoke about “The New New Property: Public Resources and Private Rights.”
Our panel also discussed judicial takings, Stop the Beach, (a case in which speaker Ken Bell — then a Justice on the Florida Supreme
