If you ever get the opportunity to teach in a law school — either as a full-time legal scholar, or part-time as an expert adjunct practitioner — take it if you can. You might think you know a lot about a particular subject, but there’s nothing like spending time at the lectern in a law
Penn Central
Tex App: “Property” Includes Right To Rent It Out – City’s Short-Term Ban May Be A Taking
Here’s a must-read from the Texas Court of Appeals (Second District).
In City of Grapevine v. Muns, No. 02-19-00257 (Dec. 23, 2021),
Before 2018, the city’s 1982 zoning ordinance authorized “single-family detached dwellings” and didn’t say anything about short-term renting (short-term being defined as less than 30 days). The ordinance didn’t expressly authorize it…
CA9: Once You Open The Door For One, You’ve Opened It For Everyone
It takes a bit of work to work your way through the Arizona statute being challenged in the U.S. Court of Appeals’ opinion in CDK Globall LLC v. Brnovich, No. 20-16469 (Oct. 25, 2021). But we recommend you read the opinion and do the work nonetheless, because it tells us something about the way…
The Buried Takings Lede In NYT Op-Ed That SCOTUS “Has Gone Off the Rails”
We don’t read the New York Times all that much these days, but we couldn’t resist commenting on the recent op-ed authored by a former federal government lawyer that takes issue with recent decisions by the U.S. Supreme Court, “The Supreme Court Has Gone Off the Rails” (Oct. 4, 2021).
On one hand…
2021 Brigham-Kanner Property Rights Conference (Sep. 30 – Oct. 1, 2021) – Still Time To Join Us
There’s still plenty of time to register and join us for the 18th Annual Brigham-Kanner Property Rights Conference at the William and Mary Law School, Thursday and Friday, September 30 and October 1, 2021.
Yes, you may attend in-person, or remotely. The registration fees are very reasonable, ranging from $0 (yes, free!) to $200…
Cert Petition: It Should Matter When A Profit-Making Enterprise Is Sacrificed For A Third Party
Here’s the pending cert petition asking the Supreme Court to take up (pun intended) a case involving a Penn Central taking.
This is another one of the cases from the big auto bailout/takeover. The plaintiffs are (former) Chrysler dealers whose dealership franchise contracts were sloughed off as part of the $38 billion federal bailout of …
New Comment: Cedar Point – “A New Test Or Merely A New Name For Some Regulatory Takings?”
Check this out. A short online comment at the Yale Journal on Regulation by Judge Thomas Griffith, “A New Test Or Merely A New Name For Some Regulatory Takings?“
The comment addresses the notion that the Supreme Court in Cedar Point shuffled up takings doctrine:
Much of the commentary about the Supreme…
Registration Open Now: ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Jan 26-29, 2022, Scottsdale
All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:
- Keynote: Do Animals Have Property Rights?
- Did the Supreme Court Signal a New Direction in Property Rights in Cedar Point Nursery?
- Maximizing Relocation Benefits: Understanding the Law and Regulations to Ensure Fairness
- Challenging Public Use: Lessons
…
Takings Maven Dream Job® (x2): Property Rights Constitutional Litigator at Pacific Legal Foundation
You’ve got big dreams, you want fame…
If so, here’s your chance: two (2!) Takings Maven Dream Jobs® are now available.
Pacific Legal Foundation requesting applications for positions as a Property Rights Constitutional Litigator. Job description includes “You will find and win the next important Supreme Court property rights case.”
What The Deus Ex Machina? – Federal Court Complaint: California’s Eviction Moratorium Is A Taking
According to that trustworthy source Wikipedia, in drama, the term deus ex machina (“God from the machine”) “is a plot device whereby a seemingly unsolvable problem in a story is suddenly and abruptly resolved by an unexpected and unlikely occurrence. Its function is generally to resolve an otherwise irresolvable plot situation, to surprise the…


