Here are the cases and other materials we discussed in today’s Section of State & Local Government Law Land Use group meeting on takings:
Today’s must-read, a (very) recent article by our Pacific Legal Foundation colleague John Groen, published in the Touro Law Review, “Takings, Original Meaning, and Applying Property Law Principles to Fix Penn Central.”
With a title like that, who could resist? Here’s the Abstract:
Justice Clarence Thomas, dissenting
Here’s the latest in a case we’ve been following. The New Jersey Supreme Court has agreed to review the Appellate Division’s decision in Englewood Hospital & Medical Center v. New Jersey.
That’s the case where several hospitals challenged a New Jersey statute which requires hospitals to take all patients regardless of their ability
Mr. Otis would be a P’Nut fan.
Our Pacific Legal Foundation colleague and search-and-seizure expert Daniel Woislaw quickly responded to the cultural zeitgeist and looked into l‘affaire P’nut le Squirrel with his keen legal eye.
That’s the case in which an internet narc dropped dime on the owner of a pet squirrel, resulting in
Charles McFarland, arguing.
Here’s the latest in a case we’ve been following closely (and disclosure: our firm filed an amicus brief in the Texas Supreme Court).
In The Commons of Lake Houston, Ltd. v. City of Houston, the Texas Court of Appeals held that the city could not be liable for a taking
The latest issue of the University of Chicago Law Review has this student-authored piece that is worth your time reading. “Guns and the Right to Exclude: Saving Guns-at-Work Laws from Cedar Point‘s Per Se Takings Rule,” 91 U. Chi. L. Rev. 2047 (2024).
Here’s the Abstract:
The Supreme Court’s decision in Cedar
Here’s the latest in a case we’ve been following, which has now results in a cert petition from Michael Berger. This one involves some very intriguing questions about what limits the Constitution places on the government acquiring property for a public use (in this case, an “airport purpose”) but then later deciding it
Our outfit (Pacific Legal Foundation) has put out a call for papers. on the topic of land use exactions and housing law. Honorarium included for accepted papers, and there will be a workshop to follow.
Here’s the description:
This workshop seeks to build on the result of Sheetz v. County of El Dorado and
Those of you who are students of eminent domain and the public use requirement know that in Berman v. Parker, 348 U.S. 26 (1954), the Court (in)famously held, “when the legislature has spoken, the public interest has been declared in terms well nigh conclusive.”
Not only was the Court in Berman signalling that it
A new student-authored journal article worth reading, Christine Dong, “Vacancy Taxes: A Possible Taking?,” 91 U. Chi. L. Rev. 1725 (2024).
Here’s the Abstract:
Vacancy taxes are an increasingly popular solution to the paradoxical problem of high housing demand coupled with high vacancy. Cities across the country facing housing shortages have either implemented