Join us at 12:30pm ET today, Tuesday, February 13, 2024, for the ABA’s Section of Real Property, Trust and Estates’ monthly Professor’s Corner, where we will join exactions experts Prof Tim Mulvaney, Andrew Gowder, and Prof Elizabeth Elia to discuss the Supreme Court arguments, the issues in the case, and what may be down
Nollan/Dolan | Exactions
No FOMO: There’s Still Room For You To Join Us In New Orleans Feb 1-3, 2024 For The 41st ALI-CLE Eminent Domain & Land Valuation Litigation Conference
Don’t miss out!
We promise: this is the last time we’re going to try to entice you to the upcoming ALI-CLE Eminent Domain & Land Valuation Litigation Conference in New Orleans. We are getting close to capacity, but there is still room. In recent years, we have standing room only in the Conference halls, and…
Sheetz Argument Round-Up
Here is a collection of commentary on the oral arguments in Sheetz v. El Dorado County, heard by the Supreme Court earlier this week. (Our own thoughts here.)
- Lawprof Tim Mulvaney, “Mulvaney of Sheetz v. County of El Dorado” (PropertyProfBlog) (“In light of that concern, perhaps such scrutiny, Justice Jackson ruminated,
…
Today’s Arguments In Sheetz v. El Dorado County: “[R]adical [A]greement” On The Key Issue
If you were looking for deep clarity from the Justices about land use law and whether a legislature imposing monetary conditions on property development always gets the free judicial pass of rational basis review in this morning’s oral arguments in Sheetz v. County of El Dorado, you may not discover a lot of predictive…
Sheetz v. El Dorado County Argument Preview: Do Blanket Exactions Present The Same Risk As Ad Hoc Exactions?
Get ready for Sheetz v. El Dorado County, No. 22-1074, the “legislative exactions” case at the Supreme Court. [Disclosure: this is one of our firm’s cases, so we won’t be doing an analysis here. Besides, you already know where we stand on the issue.]
Cases And Links From Today’s ABA State & Local Govt Law Land Use Presentation
Here are the cases that Michael Berger and I discussed in today’s presentation to the ABA State and Local Government Law Section’s Land Use group. It was good seeing everyone, even virtually:
- Sheetz v. County of El Dorado – are legislatively-imposed exactions subject to the nexus and proportionality requirements of Nollan/Dolan? (SCOTUS)
- Devillier v.
…
Legislative Exactions Merits Brief (Ours): “the text and history of the Takings Clause admit no exception for legislative takings”
Here’s the merits brief in a case we’ve been following (naturally, because it is one of ours). This is Sheetz v. El Dorado County, the case which asks whether a condition on development (aka an “exaction”) is exempt from the close nexus and rough proportionality standards of Nollan/Dolan/Koontz simply because the exaction is imposed…
Here’s The Program For The 41st ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Feb 1-3, 2024, New Orleans
Here’s the brochure and the full agenda and registration information for the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference at the JW Marriott in New Orleans, February 1-3, 2024.
This is the long-running nationally-focused conference on all things eminent domain, takings, valuation, and related. We have three tracks, from which you can …
Supreme Court Property Rights Round-Up
Here’s what we’re reading about the Supreme Court’s property rights docket — some good, some disappointing — this day.
- Niina Farah, “Supreme Court flooding case could ripple across the energy sector“ (E & E News / Energywire) – About the Devillier case (which we summarized here), in which we were
…





