Property rights

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I’ll take ‘Words I Like to See’ for $800, Alex.

In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.

The first is Devillier v. Texas (the

IRWA 6-2023 summary jpg

Thanks to our co-authors for the latest issue of this recurring update.

The International Right of Way Association’s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.” (This is the “international” right of way association, so that last qualifier is important.)

And what is

Why is it, you ask, that the ALI-CLE Eminent Domain & Land Valuation Litigation Conference (scheduled next February 1-3, 2024, in New Orleans) is an event that seems to be growing in popularity and attendance. In recent years, we have standing room only in the Conference halls, and have sold out the hotel block.

We’re posting this Complaint, not because it raises any new or novel issue, but because one of the plaintiff/property owners is San Francisco 49ers legend Joe Montana, who is suing San Francisco, alleging that the city’s maintenance of its stormwater/wastewater system (yes, the systems are one and the same) caused sewage to flood their

Here’s the Order by which the Arizona Supreme Court agreed to review a case we’ve been following.

The main issue is whether the Arizona condominium statute, which allows the condo association upon termination of the condominium regime, to sell individually-owned units is a taking under the Arizona Constitution.

Here are the questions presented:

FURTHER ORDERED:

On this morning’s drive-time program, we joined KHVH’s Rick Hamada about whether Hawaii might adopt California’s version of inverse condemnation liability in wildfire cases. We also tried to clear up a few misconceptions (gad, I used “disinformation,” a term I try to eschew).

Here’s the program description:

Inverse Condemnation and Maui Wildfires: A Conversation with

A fairly short one from the U.S. Court of Appeals for the Fifth Circuit.

In Sheffield v. Buckingham, No. 22-40350 (July 31, 2023), the court affirmed the district court’s declining to issue a preliminary injunction enjoining State of Texas officials from enforcing the Open Beaches Act.

The presumptive public/private boundary on beaches in Texas