Land use law

According to this story (“Scott Walker signs bill inspired by western Wisconsin cabin-owners’ court fight“), Wisconsin’s governor has signed into law a new bill which remedies the problem the Murr family faced after the U.S. Supreme Court ruling in Murr v. Wisconsin, 137 S. Ct. 1933 (2017).

In that case, as you recall

The latest in the “Map Act” inverse cases out of North Carolina. This is a longer post, but you really will want to read the summary, or just pick up the opinion and read it.

These are the cases in which the N.C. Department of Transportation, under the power of the state’s Map Act, for

The Georgia Supreme Court’s analysis in Diversified Holdings, LLP v. City of Suwanee, No. S17A1140 (Nov. 2, 2017) reminded us of that old trope from logic, “no true Scotsman.” 

According to a completely reliable source (Wikipedia):

No true Scotsman is a kind of informal fallacy in which one attempts to protect a

Border walls, pipelines, and state takings law. All topics we dig. So for today’s reading, we recommend “When the Government Grabs — the Border Wall, Pipelines and New Challenges to Eminent Domain,” an interview with U. Va. lawprof Molly Brady on these topics. Check it out. 

PS – Professor Brady will be speaking on another

We all know that if you are challenging a federal government action as either beyond the agency’s authority (or is unconstitutional), and as a taking, you’ve got to split your claim between a U.S. district court, and the Court of Federal Claims. The district court considers challenges to the validity of the government action, while

We’re looking forward to a good crowd at the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference, when we shall converge on Charleston, SC, January 25-27, 2018. We’ve received word that our main conference hotel, the Francis Marion, has sold out.

But if you haven’t reserved your space yet, don’t despair. The

Check this out: according to this article (“This SC man won a Supreme Court case. He wants to know why he can’t talk about it“), David Lucas, the lawyer-property owner behind the big reg takings case Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1993), was apparently not invited to speak

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No soup for you!

Update: our colleague Bryan Wenter has his take on one of the cases denied review here (“U.S. Supreme Court Again Declines to Consider Important Property Rights Issue Regarding the Unconstitutional Conditions Doctrine“) (“Because the current composition of the U.S. Supreme Court leans ideologically conservative by any traditional measure and

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

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