Here’s the latest in a case we’ve been following, which has now results in a cert petition from Michael Berger. This one involves some very intriguing questions about what limits the Constitution places on the government acquiring property for a public use (in this case, an “airport purpose”) but then later deciding it
Call For Papers: “Housing and Exactions: The Next Frontiers After Sheetz“
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
New Article (Comment): “Vacancy Taxes: A Possible Taking?” (U. Chi. L. Rev.)
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
By The Thinnest Of Margins, SCOTUS Declines Public Use Pretext “Spite Taking” Case
So close: if just one more Justice had agreed, the U.S. Supreme Court would have taken up a public use case we’ve been following, Brinkmann v. Town of Southhold. After all, this one had a lot of the usual markers: a divided court below, an allegation of a lower court split, beaucoup amicus support
New Cert Petition: Eviction Moratorium Transferred Possession Easement To Nonpaying Tenants
Here’s the latest in a case we’ve been following, which asks whether a local ordinance which allowed non-paying tenants to remain in the lessor’s property is a physical taking, or merely the regulation of the lessor/lessee relationship under the Yee theory, which posits that once an owner voluntarily rents property to a tenant
CA10: A Municipality Is Forcing Owners To Violate State Law … No Problem!
This one from the Tenth Circuit didn’t even merit a published opinion, but is still worth reading, just because the situation seems so absurd.
In this Order and Judgment, the court affirmed the dismissal of property owners’ claim that the County wouldn’t issue a septic permit until after the owners actually constructed the septic
Hawaii Dirt Lawyers: Don’t Miss “Property Rights & Regulatory Takings” CLE At The HSBA Convention (In-Person & Webcast)
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
“Build-to-Rent Homes: A Promising Solution to Chronic Housing Shortages” – CRE 2024 Jared Shales 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
No SWAT Takings In CA6: Police’s Power To Arrest Includes Privilege To Damage Property
If there’s a silver lining in the U.S. Court of Appeals for the Sixth Circuit’s opinion in Slaybaugh v. Rutherford County, No. 23-5765 (Sep. 3, 2024), a case about what we call “SWAT takings” (police destroy someone’s property in order to dislodge a criminal suspect), it’s that the court did not adopt
Comity Of Errors: CA11 Chooses Nondisruption Of State’s Administrative Process Over Constitutional Right To Compensation
In Turner v. Jordan, No. 22-13159 (Sep. 17, 2024), the U.S. Court of Appeals for the Eleventh Circuit held that even though the federal courts have jurisdiction over Turner’s takings claim, the court nonetheless has the discretion to choose to wash its hands of the case in order to protect a state’s administrative procedures.