“I’ll take ‘Words I Like to See’ for $800, Alex.“
In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.
ALI-CLE’s Eminent Domain & Land Valuation Litigation Conference (Feb 1-3, 2024, New Orleans): Why Attend? Here’s Why.
Why is it, you ask, that the ALI-CLE Eminent Domain & Land Valuation Litigation Conference (scheduled next February 1-3, 2024, in New Orleans) is an event that seems to be growing in popularity and attendance. In recent years, we have standing room only in the Conference halls, and have sold out the hotel block.
DC Circuit: US Copyright Office’s Requirement To Turn Over Copies Is A Taking
The buried lede in the U.S. Court of Appeals for the D.C. Circuit’s opinion in Valancourt Books, LLC v. Garland, No. 21-5205 (Aug. 29, 2023) is that the government doesn’t have that big of a role in copyrights, at least in the bare minimum of copyright protections.
We’re no copyright experts (that’s an understatement)
Tex App: Nollan/Dolan Challenge To Annexation Fees Not Ripe: You Have To Apply For Annexation To Find Out What The Fee Will Be
The city told an owner whose three parcels were outside of the city’s jurisdiction that if it wanted the city’s permission to replat into 74 parcels, it would need city water and sewer service to each of the proposed lots.
So the owner asked to connect to the city’s water and sewer system (deliberately overbuilt
Chump Alert! Developer’s Claim That City Can Be Held To Its Contract Limiting Exactions Goes About As Well As You’d Expect
We’re not going to dwell all that much on the California Court of Appeal’s recent opinion in Discovery Builders, Inc. v. City of Oakland, No. A164315 (June 22, 2023), mostly because it seems entirely predictable.
The developer thought it had an agreement with the city to pay certain fees (dare we say “exactions”) the
California Supreme Court Reviewing The Murderer’s Creek Inverse Case
Check out this now-under-consideration Petition for Review, which asks the California Supreme Court to take up a case involving Murderers Creek, in Pleasant Hill, California. (Now there’s a jarring juxtaposition for you.)
The case started off as a “routine inverse condemnation case.” Pet. at 2. When Murderers Creek flooded, it damaged the plaintiffs’
New Cert Petition: The Supreme Court Should Resolve The Legislatively-vs-Administratively Imposed Exactions Issue
When we last visited Sheetz v. El Dorado County, we finished with “stay tuned” because we suspected that the California Court of Appeal’s opinion concluding that the County’s traffic mitigation fee is immune from Nollan/Dolan nexus-and-rough-proportionality review because the legislature imposed the fee on everyone (and Sheetz was not subject to paying it because
CA6: Legislative Conditions Are Subject To Nexus-And-Proportionality Requirements
A good opinion from the U.S. Court of Appeals for the Sixth Circuit in Knight v. Metro. Gov’t of Nashville, No. 21-6179 (May 10, 2023), holding that conditions imposed on every development — and not just ad hoc administratively-imposed conditions — must conform to the Nollan-Dolan-Koontz close nexus and rough proportionality standards.
You takings
Links And Materials From The 22d Annual Texas Eminent Domain Conference
Good crowd.
Here are the cases and other materials we spoke about on Friday at the 22d Annual Texas Eminent Domain Conference, in Austin. A big thank you to the Planning Chairs and to our friends at CLE International for the speaking invite.
- Sackett v. EPA (SCOTUS and WOTUS)
- Wilkins v. United States (Federal
April 27, 2023, 5-7pm, Honolulu: Join Us To Celebrate The Work And Career Of Professor David Callies
Come join us on Thursday, April 27, 2023, from 5-7pm, downtown Honolulu, to celebrate the retirement of Professor David L. Callies from the University of Hawaii Law School.
Join U.H. Law School Dean Camille Nelson, Professor Callies’ colleagues, his students (present and former), the Hawaii legal community, and family and friends as we honor