Here’s our Federalist Society blog post on Knick, “After More Than 30 Years, the Supreme Court Reopens the Door To Federal Takings Claims.”
Check it out, takings fans.
New Land Use Law Blog To Follow: Merriam’s Corner (“Life, Liberty, and the Pursuit of Land Use”)
Land users and dirt lawyers know Dwight Merriam. (And if you don’t, you are not really a land user, are you?)
He’s won landmark cases (has even beaten Yours Truly in one of those cases way back in the day). Written tons of articles and books. Edits Rathkopf. Contributes to Nichols. Mentored multiple generations
Lattice Of Coincidence: Regulatory Takings Claim Accrues When Regulator Makes Final Decision (Williamson County Lives!), Not When Appeals Are Exhausted
Synchronicity (Jung, not The Police). Serendipity. Lattice of coincidence. Whatever you call it, sometimes things seem to come in waves.
So it seems with the statue of limitations for inverse and regulatory takings claims this week. We had not dealt with the issue for a while. Radio silence. Then boom! The
Honolulu’s New Short-Term Rental Ordinance Challenged In Federal Court
Here’s one we’re posting without comment, because the Complaint was filed today by my Damon Key colleagues. But here’s a summary of the issues, from the press release:
On August 1, 2019, the Hawaii Vacation Rental Owners Association and Honolulu land use attorney Greg Kugle of the Damon Key law firm, filed a lawsuit in
Capt Henry Orders You To Boldly Go To The 2020 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Nashville, Jan. 23-25, 2020
Recently, we requested crowdsourcing of this year’s “come to the ALI-CLE Eminent Domain Conference video.” Instead of doing the video ourselves, we asked folks to “please send a short clip of you and/or your colleagues telling us why you think the Eminent Domain and Land Valuation Litigation Conference is the place to be
Get Ready – ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Nashville Jan. 23-25, 2020
Details soon. In the meantime, get your earlier registration discount.
Why Is A Florida City Still Wasting Time Asserting Takings Claims Are Subject To Sovereign Immunity?
Please read the Florida District Court of Appeal’s opinion in City of Fort Lauderdale v. Hinton, No. 4D18-2089 (July 24, 2019), especially the part starting on page 9 (the opinion is only 12 pages), where the court frames one of the arguments made by the appellant, Fort Lauderdale:
“The City contends that the Hintons
Upcoming Webinar – Knick Picking Regulatory Takings: Did the Court Right a Wrong, or Wrong a Right? (free for State and Local Govt Law Land Use Committee members)
The Land Use Committee of the ABA’s Section of State and Local Government Law is sponsoring a free (for Section members) informal webinar about the latest in takings law:
Knick Picking Regulatory Takings: Did the Court Right a Wrong, or Wrong a Right?
Friday, July 26 | 2 – 2:30pm ET
Here’s hoping you can
Cases And Links From Today’s Eminent Domain And Pipelines Conference (Houston)
I am grateful that planning chairs Justin Hodge and Jeremy Baker invited me to their conference. A room full of experts. Here are the links to the cases and other items I spoke about:
- Knick v. Township of Scott: initial thoughts on what might be a dawning “golden age” of property cases
- Knick, Entirely
New (Federal Court!) Complaint: NY’s New Rent Laws Are Takings
Looking for something to do this Tuesday? How about reading a 120-page federal court complaint challenging New York’s recently-adopted rent control/stabilization statute as a taking?
Thank you, Knick.