This season of the Institute for Justice‘s podcast series “Bound by Oath” is devoted to property rights. It’s a fascinating series — produced by John Ross, it is more like an audio documentary than a typical podcast — focusing on constitutional issues. And we say this not just because we’ve been a
Rogue States: Today’s Argument In Devillier v. Texas – “Aren’t the Courts supposed to do something” About Violations Of The Constitution?
We’d guess that most people, if asked whether the courts can “do something” when the government acts beyond the authority delegated to it in the Constitution, would respond that “doing something” is exactly what courts are for.
Bottom Line Up Front
And that is what drives our BLUF on today’s Supreme Court oral arguments in
Sheetz Argument Round-Up
Here is a collection of commentary on the oral arguments in Sheetz v. El Dorado County, heard by the Supreme Court earlier this week. (Our own thoughts here.)
- Lawprof Tim Mulvaney, “Mulvaney of Sheetz v. County of El Dorado” (PropertyProfBlog) (“In light of that concern, perhaps such scrutiny, Justice Jackson ruminated,
Today’s Arguments In Sheetz v. El Dorado County: “[R]adical [A]greement” On The Key Issue
If you were looking for deep clarity from the Justices about land use law and whether a legislature imposing monetary conditions on property development always gets the free judicial pass of rational basis review in this morning’s oral arguments in Sheetz v. County of El Dorado, you may not discover a lot of predictive
What We’re Reading Today, Property Rights Edition
Bismarck in January is looking pretty good.
Here’s what we’re reading today:
- Christian Britschgi, Court’s Wild Zoning Decision Blocks ‘Montana Miracle’, Reason (Jan. 2, 2024) (“In an eyebrow-raising decision, a Montana judge has halted the implementation of two laws legalizing duplexes and accessory dwelling units on residential land across the state, writing that they’d
New Article: “Keeping the Surplus? Examining Colorado’s Real Property Tax Lien System in Light of Tyler v. Hennepin County” (Makenna Johnson)
How thrilled are we that an alum of our William and Mary Law School courses, up-and-coming Colorado property lawyer Makenna X. Johnson, has published an article in the area of law we all love (dirt law)?
Let’s just say that we’re thrilled. Makenna writes:
Colorado’s real property tax system resembles Minnesota’s principally in
2023 Year-End Clean Up
As 2023 comes to a close, here are a few of the decisions that we wanted to blog about, but didn’t have the time.
- Bruce v. Ogden City Corp., No. 22-4114 (10th Cir. Dec. 1, 2023): city demolishing a building that was damaged by fire was not a Lucas taking because the owner
Cases And Links From Today’s ABA State & Local Govt Law Land Use Presentation
Here are the cases that Michael Berger and I discussed in today’s presentation to the ABA State and Local Government Law Section’s Land Use group. It was good seeing everyone, even virtually:
- Sheetz v. County of El Dorado – are legislatively-imposed exactions subject to the nexus and proportionality requirements of Nollan/Dolan? (SCOTUS)
- Devillier v.
Professor Ely: Regulatory Takings Didn’t Begin With Pennsylvania Coal v. Mahon
A must-read from Professor James Ely, “to protect all the essential elements of ownership:” Late Nineteenth Century Emergence of the Regulatory Takings Doctrine, 13 Brigham-Kanner Prop. Rts. J. ___ (forthcoming 2024).
Professor Ely, who presented this paper at the recent Brigham-Kanner Property Rights Conference, lays out the case that the regulatory takings
Hawaii Federal Court: Honolulu Can’t Increase Minimum Rental Term To 90 Days Without Accommodating Existing Uses
Here’s the latest in a case we’ve been following.
In this Order, the U.S. District Court for the District of Hawaii made permanent its earlier ruling that Honolulu’s ordinance which expanded the minimum rental term to 90 days because it did not account for those owners who were already legally renting their properties