A quick check of the Supreme Court’s docket in the Knick v. Township of Scott case shows that no less than 18 amici briefs have been filed top side. Not all of them in support of the Petitioner mind you (two, the briefs of the United States and of the American Planning Association, are in
Knick Brief On The Merits: Time To Ditch Williamson County‘s State Exhaustion Requirement
Here’s the Petitioner’s Brief on the Merits in Knick v. Township of Scott, No. 17-647, the case in which the Supreme Court is being asked to revisit our old nemesis, Williamson County‘s “state exhaustion” requirement, a doctrine which tells takings plaintiffs that they cannot press a takings claim against state or local governments
Iowa App: Regulatory Takings Jury Should Be Instructed About Per Se Takings, And Penn Central Test
In Hunter Landing, LLC v. City of Council Bluffs, No. 16-2138 (May 16, 2018), the Iowa Court of Appeals held that the jury was entitled to be instructed about all takings theories, and not just limited to a Lucas and physical invasion instruction.
After several of Hunter’s nonconforming buildings were damaged in a flood
“New” vs “Old” Property – New Cert Petition Asks, Is Right To Use Property “Fundamental?”
After the Supreme Court’s decision in Lingle v. Chevron U.S.A., Inc., 544 U.S. 528 (2005), whether a government action “substantially advances a legitimate state interest” — for a long time assumed to be a takings question under Agins — found a new home in the the Due Process Clause.
Here’s the recently-filed cert petition
Coming Attraction: Little Pink House (Honolulu, June 11, 2018, 6:30pm)
Little Pink House, the feature film about the Kelo v. City of New London case is in general release, and is now scheduled for a special screening in Honolulu in June.
Mark two dates on your calendar:
- June 4, 2018: This is the deadline to buy your ticket. The way this works is that
Monday Readings: South Africa Takings, Redevelopment, Metes and Bounds, And More
Here’s what we’re reading today:
- The latest in that 15-minute jury verdict in a federal court regulatory takings case: the owner is now seeking attorneys’ fees. Here’s the motion. More on the case here (“State loses land-use lawsuit and must pay $1“).
- “A Dangerous Development in Cape Town” (via City
9th Cir: “Ape Shall Not Sue Ape!” Court Has Time For Silly Monkey Selfie Case, But Not For Takings
Here’s the not unexpected decision from the U.S. Court of Appeals for the Ninth Circuit in a case we’ve been following (sort of). It should never have gotten this far, even as the “plaintiffs” raise the specter of a cert petition.
We say again: the federal courts seem to have time for this brand
Cases And Materials From The Takings And Eminent Domain Session At The Land Use Institute
Some of the Land Use Institute faculty, including (front row left), Planning Chair Frank Schnidman and Planning Co-Chair Patty Salkin
Last Friday at the 32nd Annual Land Use Institute in Detroit, I was honored to moderate a freewheeling discussion by a panel of takings experts, Professor Steven Eagle, Minnesota lawyer Howard Roston, and Michigan’s
9th Cir: City Rent Board Determining Owner “Made Enough” Profit Isn’t A Penn Central Taking
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
Land Use Institute – Detroit
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