Worth reading: a student-authored piece in the latest issue of the Harvard Journal of Law & Public Policy, “Original Understanding of ‘Background Principles’ in Cedar Point Nursery v. Hassid.“
From the Introduction:
But in Cedar Point, when considering a regulation that authorized union organizers to enter certain businesses, the Court
If you know, you know.
Sad birthday wishes to our most un-favorite decision ever, Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978), which turns 45 today.
Time has not treated the opinion well. Practitioners, judges, and legal scholars across the spectrum have called the three-factor Penn Central test for an
The California Coastal Commission is infamous for being the most out-of-control governmental agency in the nation. This regulatory leviathan fancies itself the undisputed czar of land use and other activities in its fiefdom, the California coastal zone.
Created in 1976 as an agency with regulatory authority across California’s 1,000+ miles of coast (and land in
Today is a good day to remember that legal emancipation had its roots in the “contraband” property theory. Here’s a post from a few years ago where we visited what we called “The Birthplace of a More Perfect Union” (Fort Monroe, Virginia).
The contraband property theory was itself very imperfect, and a compromise
A short one (per curiam is one two-sentence paragraph), with an interesting concurring opinions from the Florida District Court of Appeals (4th District).
In Vazquez v. City of Hallandale Beach, No. 4D2023-0833 (June 12, 2024), the court held that a restrictive covenant that ran with Vazquez’ land (and others in his subdivision, including the
Our annual reminder that 809 years ago tomorrow (June 15), the “great charter” (Magna Carta) was executed at Runnymeade. (And yes, we know that due to the change in calendars in the interim it wasn’t necessarily this very day, and also that King John didn’t sign the document, but rather sealed several copies of it.)
Mark your calendars and register now for the upcoming American Law Institute-CLE webinar “Property Rights and Regulatory Takings at the Supreme Court.” The focus of this program is a summary and analysis (including “what’s next?”) of the two big property and eminent domain cases decided by the U.S. Supreme Court, Sheetz (exactions), and
Disclosure: this one is one of ours, so we’re not going to do a deep dive or do much commentary (must resist!).
Yesterday, the California Supreme Court granted a Los Osos property owner’s petition, and agreed to review an (unpublished) Court of Appeal opinion which held that the California Coastal Commission has
Here’s the latest in a case we’ve been following.
Our friends at the Institute for Justice have filed this cert petition asking the Supreme Court to take up the case where a New York town eminent domained the Brinkmann property for a public park.
What’s wrong with that, you ask…isn’t a public park a
This one is about Robert Moses. Yeah, that guy. You may think you know the story, but even if you do, it will be worth your time to listen to this episode of Dave and Kristen’s Infrastructure Junkies podcast. You will probably learn something new like me.
Here’s the pod’s description of the episode: