The Supreme Court of Montana’s opinion in Tai Tam, LLC v. Missoula County, No. DA21-0660 (Nov. 15, 2022) starts off like a somewhat typical land use dispute turned into a constitutional fight. The property owner sought subdivision approvals for a 28-acre parcel to allow residential development, and the County denied the applications because “the
New Cert Petition: There Must Be A Real Emergency Before Commandeerings Are Exempt From Compensation
Here’s the latest in a case we’ve been following.
In this cert petition, business owners on the losing end of a Co-19 shutdown order assert that the Sixth Circuit got it wrong when it concluded that the “overriding public purpose” of the shutdown orders should be given what amounts to dispositive weight under
Shame On You: Govt Exerting “Irresistible Pressure” On (But Not Forcing) You To Buy Worthless Bonds Isn’t A Taking
One from the U.S. Court of Appeals for the First Circuit.
In In re Financial Oversight & Management Board for Puerto Rico, No. 22-1048 (Nov. 22, 2022), the court affirmed the district court’s 12(b)(6) dismissal of a takings claim because the government didn’t actually force the plaintiff credit unions into buying what the complaint
Here’s The Program For The 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Feb 1-4, 2023, Austin
Here it is, the official agenda and program for the 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, February 2-4, 2023 (with a special event the evening of Wednesday, February 1, 2023 to entice you to arrive early).
Here’s the brochure with the complete agenda, schedule, and faculty listing. But to tempt you,
Video: “The Future of Private Property Regulation in America”
Check it out: our Pacific Legal Foundation colleagues Jim Burling, Jon Houghton, and Jeff McCoy, along with Jeremy Hopkins (Cranfill & Sumner, North Carolina), share with us the latest on property rights, Sackett, takings, the future of Penn Central, and the upcoming SCOTUS arguments in Wilkins v. United States (is
Tanning Beds v. Liquor Stores – No Equal Protection, No Physical Take, No Lucas Take For Co-19 Biz Shutdown Order
To “slow the spread” in the early days of the Co-19 thing, the City ordered businesses to shut down. But not Wal-Mart, liquor stores, or churches. Golden Glow, a tanning salon objected, and told anyone who would listen that it could operate without person-to-person contact. Sorry, no exceptions.
Federal lawsuit followed, alleging the claims you
CAFED Hears Arguments In Two Takings Cases
Ideker Farms, Inc. v. United States, No. 21-1849
As written up in the FedCircuitBlog (a must-follow for all you federal takings mavens):
It concerns the federal government’s liability for taking private property. Specifically, in this case, the Federal Circuit will review the conclusion of the Court of Federal Claims that the government’s action was
What’s “The State of Takings Law: 100 Years After Pennsylvania Coal Co. v. Mahon and One Year After Cedar Point Nursery v. Hassid”? Incoherent (But Getting Better)
For the last week, the blog has been a bit idle. That hasn’t been because we’re slowing down, but was mostly the result of our blog platform being worked on behind-the-scenes, which knocked a lot of the hosted blogs offline, this one included. But things look good now, so here we are.
We were also
Federal Court: Honolulu’s 3-Month Minimum Rental Term Preempted By State Law (And Would Be A Taking Of Vested Rights)
Many Honolulu residents don’t like short-term (less than 30 day) rentals. Whether fueled by NIMBY-ism, a genuine belief that tourists should stay out of residents’ neighborhoods and be limited to accommodations built for transients, or the belief that long-term rentals to locals somehow promote more affordable housing, the anti-transient renter vibe is most definitely
Jon Houghton On Regulatory Takings – Eminent Domain Podcast
Clint Schumacher’s Eminent Domain podcast is one of those things that we almost shouldn’t post about. After all, every episode is worth your time. But this one is especially good. After all, it features our law firm colleague and friend Jon Houghton, discussing what you all know is one of our fave topics, regulatory