One more lesson on the speed of the interwebs: we were all set to take a deep dive into the California Court of Appeal’s opinion in an inverse condemnation case, Bottini v. City of San Diego, No. D071670 (Sep. 18, 2018), when our colleague Brad Kuhn analyzed the case at his California Eminent
Penn Central
2018 Brigham-Kanner Property Rights Conference: Williamsburg, Oct. 4-5, 2018
Come join us for one of the best conferences on property rights and property law at the 2018 Brigham-Kanner Property Rights Conference, October 4-5, 2018 at the William and Mary Law School in Williamsburg, Virginia.
We’ve attended and presented at the Conference in past years, including when it went international in…
ALI-CLE 2019 Eminent Domain And Land Valuation Litigation Conference, Palm Springs Agenda – Register Now!
You’ve known for a while that Palm Springs, California, specifically the Renaissance Palm Springs Hotel (a resort facility, but right in town, so you will have many options for “off campus” activities like art museums, the aerial tram, golf, and whatever suits your fancy, and close-in to the Palm Springs Airport), is the venue…
Links And Materials From Today’s Transportation Research Board Session
Here are the cases and other items I either spoke about or mentioned at today’s Transportation Research Board‘s 57th Annual Workshop on Transportation Law in Cambridge, Massachusetts:
- The Colorado public use cases: public use vs. public purpose: Lafayette and Carousel Farms
- On the Supreme Court docket: Violet Dock Port (SCOTUS, Louisiana)
- The Louisiana Supreme
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New Cert Petition: The Other Williamson County Ripeness Test, Intentional Precondemnation Value Depression
Here’s a cert petition we’ve been waiting to drop, in a case we’ve been following out of Florida.
In Town of Ponce Inlet v. Pacetta, LLC, No. 5D14-4520 (Fla. Dist. Ct. App. June 16, 2017), the Florida District Court of Appeal reversed a Lucas takings verdict, concluding the case might not even be ripe …
Federal Circuit: Restoration Of Foreign Govt’s Sovereign Immunity For Terrorist Acts Isn’t A Physical Taking Of Victim’s Money Judgment
Here’s the latest in a case we’ve been following. In Alimanestianu v. United States, No. 17-1667 (May 7, 2018), the U.S. Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims’ ruling rejecting takings liability for the government wiping out a money judgment in favor of terrorism victims against the Libyan…
Tickets For Honolulu Screening Of “Little Pink House” Still Available
You have about a week to reserve your tickets for the exclusive Honolulu screening of “Little Pink House,” the feature film about the Kelo v. City of New London case, scheduled for June 11, 2018:
Two key dates:
- June 4, 2018: This is the deadline to buy your ticket. The way this works
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Iowa App: Regulatory Takings Jury Should Be Instructed About Per Se Takings, And Penn Central Test
In Hunter Landing, LLC v. City of Council Bluffs, No. 16-2138 (May 16, 2018), the Iowa Court of Appeals held that the jury was entitled to be instructed about all takings theories, and not just limited to a Lucas and physical invasion instruction.
After several of Hunter’s nonconforming buildings were damaged in a flood…
Judge Dyk Strikes Again: No Love For Taking Of Leasehold Of Love Field
Another week, another Federal Circuit panel opinion on takings authored by Judge Timothy Dyk (following the recent MR-GO opinion). And you know what that means: property owners lose.
The Court of Federal Claims concluded that the feds had taken the plaintiff’s lease of of a part of Dallas’ Love Field — under both a…
Cases And Materials From The Takings And Eminent Domain Session At The Land Use Institute

Some of the Land Use Institute faculty, including (front row left), Planning Chair Frank Schnidman and Planning Co-Chair Patty Salkin
Last Friday at the 32nd Annual Land Use Institute in Detroit, I was honored to moderate a freewheeling discussion by a panel of takings experts, Professor Steven Eagle, Minnesota lawyer Howard Roston, and Michigan’s…



