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
New Article: “Taking One for the Team: COVID-19 Eviction Moratoria as Regulatory Takings”
Check it out: a new article from the San Diego Law Review that’s worth reading. Here’s the Abstract:
This Comment explores potential Fifth Amendment challenges to COVID-19 eviction restrictions. Part II introduces California and federal COVID-19 eviction laws and lays out an organizational framework for analysis. Part III provides background on relevant regulatory takings jurisprudence.
Virginia: Property Owner Can Object To Permit Condition As Unconstitutional, Even After Accepting The Permit
The owners of the Hollymead Town Center (Route 29, LLC) located, perhaps not surprisingly along U.S. Route 29 in Albemarle County outside of Charlottesville, needed the County to rezone a portion of the property.
Part of the rezone was something called a “conditional proffer” that required a cash donation of $50,000 “[w]ithin thirty days after
Alabama: Government Can’t Keep The Change After A Tax Sale
A long-ish opinion from the Alabama Supreme Court in Douglas v. Roper, No. 1200503 (June 24, 2022). But a short post because the good stuff is relatively brief.
Bottom line: property owners have a vested interest in excess money generated from a tax sale of their property, and the Alabama legislature cannot prohibit the
The Keepings Clause: CA5 (Again) Throws Up Its Hands When Local Gov Refuses To Pay Back Money It Owes
Its deja vu all over again: like it did just a short while back, in Lafave v. City of New Orleans, No. 21-30358 (June 1, 2022), the U.S. Court of Appeals for the Fifth Circuit once again has rejected a takings claims “based on the city’s failure to honor a judgment of the
Tuesday Round-Up: Austin Airport Taking Its Own Land?, The Right To Exclude, And More
Here’s what we’re reading today:
- “ABIA attempts ‘unusual’ use of eminent domain to force out South Terminal operator” Austin Airport, which already owns the property, is condemning it?
- “Gun Rights, Property Rights, and Takings” from lawprof Ilya Somin
- “Can tenants have it both ways? – Some demand the freedom of
CA7: Co-19 Shutdown Complaint Does Not Meet “Demanding test for alleging a regulatory taking”
The U.S. Court of Appeals for the Seventh Circuit’s decision in Nowlin v. Pritzker, No. 21-1279 (May 20, 2022), adds to a long line of rulings denying takings claims for coronavirus-related business shutdowns.
This one challenged the Illinois governor’s executive orders which required “non-essential” businesses to shut down or reduce operations, and limited the
District Court: City Liable For Physical Taking For Destroying Home While Apprehending A Criminal
Here’s a pretty rare one: a trial court entering summary judgment on liability in favor of the property owner in a takings case. Yes, you read that right.
And to top it off, this ruling comes in a case in which the taking alleged was a police invasion and destruction of a home for the