If everything the Ninth Circuit says in its unpublished memorandum opinion in Craneveyor Corp. v. City of Rancho Cucamonga, No. 22-55435 (Apr. 20, 2023) is accurate, there’s no way to ever draft a complaint alleging a facial Penn Central regulatory taking that will survive a 12(b)(6) motion to dismiss for failure to state a
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
Instead Of Being The First Case To Take Advantage Of Knick, This One Was The Last Victim Of Williamson County
There’s a lot going on in the U.S. Court of Appeals for the Fifth Circuit’s opinion in Tejas Motel, L.L.C. v. City of Mesquite, No. 22-10321 (Mar. 22, 2023), but that’s mostly because it’s a procedural decision resolving a question of whether a Texas court’s federal takings judgment was res judicata, and therefore
One Guess What The Second Circuit Did With A Takings Challenge To Rent Control
Let’s say you know nothing else about an appeal except it is being decided by the U.S. Court of Appeals for the Second Circuit, and the case is a constitutional challenge to rent control. What’s your best guess about the outcome (the district court dismissed for failure to state a claim)?
When the Second Circuit
New Article: “Toward Principled Background Principles in Takings Law” (Strahilevitz & Hansen)
Check this out, a new article co-authored by a federal judge’s law clerk and lawprof Lior Strahilevitz (Chicago). With the title, “Toward Principled Background Principles in Takings Law” are we going to read it? You bet. (Unlike a lot of new scholarship that we post here, we read this one immediately.)
Here’s the
Ice Ice Baby: A Report From The 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Feb 1-4, 2023, Austin
We were eagerly anticipating 40th American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference. The 2022 Conference in Scottsdale was one of the first meetings where everyone was back in-person (and was a smashing success), but that conference was early in the game so not everyone could or would attend. But in the past
“Emerging Issues In Property Rights” – Wednesday, February 8, 2023, 3-4pm ET (Free!)
Join our Pacific Legal Foundation colleagues Jon Houghton, Daniel Woislaw, Kady Valois, and Sam Spiegelman (moderating) tomorrow, Wednesday, February 8, 2023, at 3:00 – 4:00 p.m. ET for a free webinar, “Emerging Issues in Property Rights.”
Here’s the agenda:
Protecting private property rights has been at the heart of PLF’s
CA4: Being Blocked From Accessing Your Beach House For 45 Days Isn’t A Physical Taking (Or Any Kind Of Taking)
You remember, don’t you? In the early days of the Co-19 epidemic, government and public health authorities were scrambling to do something … sometimes anything! … to respond.
Dare County, North Carolina might have been one of those local governments that went maybe just a bit too far in the precaution vs effectiveness departments:
(Nearly) Last Call: There’s Still Time To Join Us For The 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Feb 1-4, Austin
We really want you there…
One (nearly) last reminder that there’s still time to register for your space at the 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, February 1-4, 2023, in Austin. In the past several years, we have sold out due to the conference room capacity and the conference hotel block.