Land use law

Sutherland_5
Justice Sutherland asks:
whadda mean, you don’t like apartments?

Check out this uncharacteristically-lengthy opinion from New York’s Appellate Division (and entire 6 pages!).

In Bennett v. Troy City Council, No. CV023-0709 (Oct. 24, 2024), the court invalidated a municipal upzoning (from single-family residential to Planned Development — which would permit apartments) because the city’s

Screenshot 2024-10-25 at 13-19-32 Housing and Exactions The Next Frontiers After Sheetz Pacific Legal Foundation

Our outfit (Pacific Legal Foundation) has put out a call for papers. on the topic of land use exactions and housing law. Honorarium included for accepted papers, and there will be a workshop to follow.

Here’s the description:

This workshop seeks to build on the result of Sheetz v. County of El Dorado and

Screenshot 2024-10-24 at 12-28-24 Vacancy Taxes A Possible Taking The University of Chicago Law Review

A new student-authored journal article worth reading, Christine Dong, “Vacancy Taxes: A Possible Taking?,” 91 U. Chi. L. Rev. 1725 (2024).

Here’s the Abstract:

Vacancy taxes are an increasingly popular solution to the paradoxical problem of high housing demand coupled with high vacancy. Cities across the country facing housing shortages have either implemented

PXL_20241004_152452877.MP
Lawprof Ilya Somin (GMU Law), Mercatus Center’s Charles Gardner,
and lawyer Emily Cruikshank Bayonne (Tubman Realty, LLC)
speaking on “
How Policy Changes Can Address Incursions on
Property Rights Where Courts Have Failed to do So.”
Jim Burling (PLF) moderating.

Recently, we attended a wonderful symposium co-sponsored by George Mason Law School’s Journal of

Screenshot 2024-10-11 at 08-06-50 RPFSS

Hawaii lawyers (and those barred in the 808), take note: On October 21, 2024, the Hawaii State Bar Association will hold its annual Convention, and as always there’s a full lineup of CLE programs so you can meet your MCLE requirements.

Thanks to the Real Property & Financial Services Section, there’s a significant dirt law

CRE prize

Congratulations to our Pacific Legal Foundation colleague Brian Hodges for his article “Build-to-Rent Homes: A Promising Solution to Chronic Housing Shortages” being awarded the 2024 Jared Shales Prize by the Counselors of Real Estate (CRE).

From the Introduction:

When homeownership is increasingly out of reach for many, build-to-rent (BTR) housing offers a

BK banner

Here’s the full report from David Morrill about the 21st Brigham-Kanner Property Rights Conference earlier this month. Pictured above: Professor James Stern (responsible for the overall planning of the B-K Conference), this year’s Prizewinner Professor Lee Fennell (U. Chicago Law School), and Andrew Brigham, St. Augustine, Florida – property rights lawyer extraordinaire).

Here are what

The gunfight at the OK Corral is about all we know
about bearing arms in public places.

There’s a lot going on in the U.S. Court of Appeals for the Ninth Circuit’s opinion in Wolford v. Lopez, No. 23-4356 (Sep. 6, 2024), and none of it is about takings, at least directly. And the

As we hinted at a couple of weeks ago, we have some good — nay, great — news: the Eminent Domain Podcast, retired earlier this year by its originator Clint Schumacher, is back with a new host and a slightly new title: “Come and Take It: The Eminent Domain Podcast.”

Bobby Debelak