Talk about timing: Dana Berliner, Andy Gowder, and I were talking about the Central Radio case during a session on free speech and other First Amendment issues at the recent ALI-CLE Eminent Domain Conference, when we learned that at the same time we were speaking about the case, the U.S. Court of Appeals for the
Municipal & Local Govt law
ALI-CLE 2016 Eminent Domain Conference: Austin Scouting Report
Austin, Texas, is where we’re at for the next few days, for the 2016 edition of the American Law Institute-CLE Eminent Domain and Land Valuation conference, now in its 33d year. First time we’re in Austin, however, and our registration numbers are looking very good, and we haven’t had this big a turnout in years.…
“We’re Here From The Government, And We’re Here To … Do Nothing” – Gov’t Inaction Gives Rise To Inverse Condemnation
We know inverse condemnation liability can be triggered by intentional government action. But what about when government doesn’t act?
That was the issue before the Court of Appeals of Maryland in Litz v. Maryland Dep’t of the Environment, No. 23 (Jan. 22, 2016). And when the opinion starts this way, you just know where…
SCOTUS Won’t Review Affordable Housing Exactions And “Inclusionary Zoning” Case
This morning, the U.S. Supreme Court declined to hear what might have been a major property rights case, California Building Industry Ass’n v. City of San Jose, No. 15-330 (cert. petition filed Oct. 16, 2015).
In that case, the California Supreme Court upheld the city’s “affordable housing” requirement against a challenge which asserted that …
SCOTUS Takes Another “Takings” Case – Inclusionary Housing And Affordable Housing Exactions On The Menu
This morning, the Supreme Court agreed to hear another important property rights case, California Building Industry Ass’n v. City of San Jose, No. 15-330 (cert. petition filed Oct. 16, 2015).
In that case, the California Supreme Court upheld the city’s “affordable housing” requirement against a challenge which asserted that it was an exaction and …
Cal App: Intentionally Flooding Land To Protect The Environment Is A Physical Taking
A longer one from the California Court of Appeal, but unfortunately, we don’t have the time to digest it in detail. But you really should read Pacific Shores Property Onwers Ass’n v. Dep’t of Fish and Wildlife, No. C070301 (Jan. 20, 2016), in which the court upheld a ruling that the Department of Fish…
City With Really Long Name Didn’t Take Private Property When It Damaged Publicly-Owned Pipes
When we first read the caption in Metropolitan St. Louis Sewer Dist. v. City of Bellefontaine Neighbors, No. SC94831 (Jan. 12, 2016), we admit to a bit of confusion because this is an inverse condemnation case, and it appeared that a public entity was suing one of those activist groups, “The Bellefontaine Neighbors.”…
Final Post: More Reasons To Attend The ALI-CLE Eminent Domain Conference
We know we’ve been doing the hard sell lately, with multiple posts on the details of the upcoming 2016 Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, which runs from January 28-30, 2016, in Austin, Texas. And this will be our last pre-conference post, we promise.
But me and my co-planning chairs, Joe…
ALI-CLE Eminent Domain Conference, Austin, TX – Nearly Here, But There’s Still Time To Register
We’re now only a bit more than two weeks away from the 2016 Eminent Domain and Land Valuation Litigation – Condemnation 101 Conference, which runs from January 28-30, 2016, in Austin, Texas.
As we’ve noted here earlier, we think that this is going to be a fantastic conference that will cover a lot…
Exactions, Again
We’ve been tied up with other things the past few days, so haven’t had a chance to do much posting, but here’s something to tide you over, a piece from Florida colleague Jacob Cremer, “Why Exactions Law Should Bring Property Rights Advocates Cheer in the New Year.”
Land use and takings mavens, rejoice. …



