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
No Class: CA6 Rejects Class Certification For Home Equity Theft Takings Case
We’re not going to dwell too much on the U.S. Court of Appeals’ opinion in Fox v. Saginaw County, No. 22-1265 (Apr. 28, 2023), because even though it is a case involving the “home equity theft” takings issue argued at the Supreme Court last week, this one tells us more about civil procedure
Tyler SCOTUS Takings Argument Round-Up
Our Pacific Legal Foundation Property Rights Litigation Tyler team,
and Counsel of Record Christina Martin (second from right)
Here are your links to the buzz about Tyler v. Hennepin County, No. 22-166, our law firm’s case which argues that Hennepin County’s seizure of Ms. Tyler’s condo and then keeping the excess equity over what
Today’s Takings SCOTUS Oral Argument Transcript And Recording: Tyler v. Hennepin County
Coffee is for closers.
(Yes, we were up and at the desk at 4 a.m. local time
to listen live. We just needed a direct injection of coffee.)
Here is the transcript, and the audio recording of today’s U.S. Supreme Court arguments in Tyler v. Hennepin County, No. 22-166, our law firm’s case
More SCOTUS Takings Previews (Argument Tomorrow, 10am ET)
Tomorrow, Wednesday, April 26, 2023, at 10:00 a.m. Eastern Time, the U.S. Supreme Court will be hearing oral arguments in Tyler v. Hennepin County, No. 22-166, our law firm’s case which argues that Hennepin County’s keeping the excess equity in Ms. Tyler’s home over what she owed in property taxes and fees, is
SCOTUS To Weigh In On Due Process In Civil Forfeiture
The Court has already started loading up next Term’s property rights docket, with last week’s grant of this cert petition.
Before we go further, a disclosure: our law firm colleague Deborah La Fetra filed an amicus brief urging the Court to grant review. Thus, we’re not going to be taking a deep dive
Get Ready For SCOTUS Takings Arguments (Wednesday, April 26, 2023)
Take a deep dive into the arguments and amicus briefs
This Wednesday, April 26, 2023, the U.S. Supreme Court will hear oral arguments in Tyler v. Hennepin County, No. 22-166, our law firm’s case which argues that Hennepin County’s keeping the excess value in Ms. Tyler’s home over what she owed in property taxes
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
Tyler v. Hennepin County Previews: Get Yourself Prepared For The Next SCOTUS Takings Arguments
Here at our law firm, we’re getting ready as one of our colleagues prepares to argue the Supreme Court’s next takings case in a couple of weeks. Yes, this is what we’ve alternatively called the “home equity theft” or the “keep the change” case where government seizes property to satisfy the owner’s tax debt, and