You remember that case we posted recently, from the U.S. District Court for the Eastern District of Texas in which the court granted summary judgment to a property owner after the city police damaged her home in the course of the police’s apprehension of a suspect. The court rejected the Tenth Circuit’s rationale in a
CA5: “But there’s a big difference between saying that something is property for purposes of procedural due process and saying that it is property for purposes of the Takings Clause”
In Hignell-Stark v. City of New Orleans, No. 21-30643 (Aug. 22, 2022), the U.S. Court of Appeals for the Fifth Circuit, like a lot of other courts, reached an unsurprising conclusion: New Orleans’ restrictions on short-term rental of residential properties isn’t a taking. But there are parts of the opinion that are definitely
NC: Generally-Applicable Impact Fee Is Subject To Nollan/Dolan/Koontz
We recommend you review the North Carolina Supreme Court’s opinion in Anderson Creek Partners, L.P. v. County of Harnett, No. 63PA21-1 (Aug. 19, 2022). It’s long (70 page majority, plus 19 pages of concurring and dissenting opinions), but worth your time because the majority concludes that legislatively-imposed fees, applicable to all, are “exactions” that
Registration Underway – 19th Annual Brigham-Kanner Property Rights Conference (Sep 29-30, 2022)
There’s still space for you to join us — preferably in-person, but remotely if that is not possible for you — at the 19th Annual Brigham-Kanner Property Rights Conference, September 29-30, 2022, at the William and Mary Law School in Williamsburg.
The American Law Institute was kind enough to post a notice about the Conference
Penn Central May Be A “Fuzzy” Test, But What Is A Court Doing Weighing The Factors?
You’ll definitely want to check out the U.S. Court of Appeals for the Third Circuit’s opinion in Makrilov v. City of Jersey City, No. 21-1786 (Aug. 16, 2022).
Not because it reaches any earth-shattering conclusions — the opinion unsurprisingly concluded that the city’s restricting (but not eliminating) short-term rentals (less than thirty days) was
CA2: Land Use Challenge (Not Takings) Is Ripe – Govt Gave Its Final “No”
Check out the U.S. Court of Appeals for the Second Circuit’s opinion in Village Green of Sayville, LLC v. Town of Islip, No. 19-3353 (Aug. 5, 2022), a case in which the court held the Town reached a final decision denying Village Green’s request to develop a 64-unit apartment complex on Long Island.
Final
Tex App: Property Owner’s Penn Central Verdict For Drilling Permit Denial Is OK By Us
Today’s a busy day, so we can’t lay out the details of the Texas Court of Appeals’ opinion in City of Dallas v. Trinity East Energy, LLC, No. 05-20-00550-DV (Aug. 1, 2022). But we want to post up the decision and urge you to read it because it is a rare bird: not only
Ye Olde Law 608: Eminent Domain & Property Rights, S5E1 @ William & Mary Law
Is there a more appropriate place at which to study property rights and dirt law than William and Mary Law School? After all, it is a stone’s throw from Jamestown, the place where there’s a good argument the concept of property law and property rights first took hold in the New World. As
DC Circuit OK’s Pipeline That’s Already Built
Here’s the latest in a case we’ve been following.
In City of Oberlin v. FERC, No. 20-1492 (July 8, 2022), the U.S. Court of Appeals for the D.C. Circuit held FERC adequately explained why, in granting a certificate of public convenience, it relied in part on evidence that some of the natural gas
Here’s The Full Speaker And Topic List For The Brigham-Kanner Property Rights Conference (Sep 29-30, 2022)
By now, you know that the 19th Brigham-Kanner Property Rights Conference is set for September 29-30, 2022, at the William and Mary Law School in Williamsburg, Virginia (register here – space is limited – fee ranges from free to $195 – a bargain!). And you know that our colleague Jim Burling is this