Guess where we stopped for coffee this morning?
(A reminder: this case has nothing to do
with the convenience store.)
Note: this is the first of two posts on the recent Supreme Court opinions in Sheetz v. County of El Dorado, the case in which the unanimous Court held that exactions imposed by
Here’s what folks are saying about yesterday’s unanimous U.S. Supreme Court decision in Sheetz v. County of El Dorado, where the Court held that impact fees and exactions imposed by legislative action are not categorically immune from the close nexus and rough proportionality requirements already applicable to ad hoc/administratively-imposed exactions under Nollan, Dolan, and
Hugo Grotius, aka Hugo de Groot,
born this day 441 years ago, April 10, 1583.
Author of the treatise “De Jure Belli et Pacis” (1625) — perhaps fittingly books about war and peace — which first used the phrase “eminent domain” to describe the sovereign power to forcibly acquire private
Have thoughts about where regulatory takings are (or should be) headed? Here’s your chance to get in on the conversation, and to shape the future of the law.
Our outfit, the Pacific Legal Foundation, in cooperation with the Antonin Scalia Law School’s Journal of Law, Economics, and Policy, are calling for papers on “Imagining
Here’s what we’re reading today:
Check this out: lawprof Ilya Somin has posted “Squatters’ Rights Laws Violate the Takings Clause” at Volokh.
His thesis is just as the title suggests, arguing that state statutes that treat trespassers as tenants are government-authorized physical occupations, and thus are takings:
Ideally, state and local governments should make it easy for property
Here’s our latest, this cert petition, another one asking whether a property owner’s regulatory takings claim is ripe for judicial review.
This is one of ours, so we won’t be commenting in depth other than to say that it doesn’t seem like you should have to seek permission under Futurelaw in order to ripen
Check this out. Friend and colleague Steve Davis has authored “Eminent Domain, the Fifth Amendment Takings Clause, and the Rule of Law,” 88 Social Education J. 1 (2024).
As summarized on the Federal Takings blog:
Steve explains the rights guaranteed by the Fifth Amendment to the Constitution and focuses on its critically-important
You can spend all your time making money.
You can spend all your love making time.
If it all fell to pieces tomorrow, would you still be mine?
Count me as very surprised, and a bit saddened, when earlier this week my inbox pinged with notification that the latest episode of Clint Schumacher’s Eminent Domain
Be sure to check out this interview (“Rent Control Is a ‘New York Tragedy’“) on Hamodia, with law Professor Richard Epstein.
As you might expect, the interview is full of insights and bon mots. There’s even a reference to the judicial takings case, Stop the Beach Renourishment. And a lot of things