Prunes And Raisins And The Cedar Point Merits Brief: “Regular And Predictable” Invasions Of Property Are Per Se Takings, Even If Not 24/7
Here’s the property owners’ Brief on the Merits in the case in which the U.S. Supreme Court is considering the nature of physical invasion takings, and how permanent a permanent intrusion must be in order to qualify for Loretto and Kaiser Aetna-ish per se treatment.
In Cedar Point Nursery v. Shiroma, 923 F.3d
Florida: You Can’t Unintentionally Abandon A Nonconforming Use
The Town of Fort Myers Beach, Florida, barred the sale of alcohol on beaches in 1995. Turns out that a beachfront business was already (legally) selling alcohol on its property at the time of the ban. And we know what that usually means: a grandfathered nonconforming use.
Today’s case from the Florida District Court
It’s An “Exaction” When Govt Requires Landowner To Spend Money To Improve Govt Land
A short one from the Florida District Court of Appeal (Second District) on exactions.
More precisely, what is an “exaction.”
In Murphy Auto Group, Inc. v. Fla. Dep’t of Transportation, No. 2d19-1236 (Nov. 20, 2020), the court held that the requirements of Nollan/Dolan (nexus and rough proportionality) apply when the DOT demanded
Holiday Suggestions For The Dirt Lawyer On Your List (2020 Edition)
Charlie Brown got a bag of rocks for Halloween.
But you aren’t so cruel, and want to give better gifts this holiday season to the dirt lawyer in your life, no? Here are our 2020 suggestions for stocking stuffers that will make property mavens celebrate the season.
Start with this one, Professor Bart Wilson’s
Surf And Turf (Our Beef With The Virginia Oyster Takings Case): Although Leases Are “Property,” They Don’t Confer A Right To Exclude Government Sewage
Often, the dispositive question in many takings cases tuns on whether the plaintiff owns “property,” and if so, what rights does that recognize. If you define the property in such a way that ipse dixit excludes the “stick” the owner claims was taken, then the answer is always going to be no property, no taking.
A Return Visit To NYC’s Seneca Village
We’ve been there before, but even so, this video is worth your time. It tells the story of Seneca Village, located within the borders of what now is Central Park.
There are eminent domain and property rights stories everywhere you look.
Reply In Penn Central And Lucas Takings Case
Here’s the Reply in Support of what we think is a very worthy cert petition, and which responds to the recently-filed BIO.
For the background of the case, check out this post (“What Constitutes a Loss“). The property owner has also summarized the situation thusly in its petition:
The State of
Wrapping Up A Semester In A “Hybrid” Law Classroom (Never Go “Full Remote”)
We have now wrapped up the coursework portion of the Fall semester at William and Mary Law School, so here’s an after-action report from the two full courses which I taught in a “hybrid” style (some students live, in the classroom; others attending via Zoom live; and still others with the option to attend
BIO In Penn Central And Lucas Takings Case
Here’s the State of Hawaii’s Brief in Opposition in a case we’ve been following for what seems like forever.
Check it out. The State waived response, but after a whole bunch of amici filed briefs in support of a cert grant (ours included), at least one of the Justices wanted to