Two years ago, Owners’ Counsel of America endowed a scholarship in the name of its founder, property rights advocate and trial lawyer Toby Prince Brigham (1934-2021). The scholarship is for a second- or third- year law student to attend the annual three-day ALI-CLE Eminent Domain and Land Valuation Litigation Conference (the upcoming Conference will be
Property rights
Still Time To Join Us Wed Aug 9: ALI-CLE’s “How Did Property Rights Fare at the Supreme Court? What Happened in the 2022 Term and What’s Next”
Tomorrow, Wednesday, August 9, 2023 at 1:00 – 2:00 p.m. (Eastern Time), please join us for ALI-CLE’s web program, “How Did Property Rights Fare at the Supreme Court? What Happened in the 2022 Term and What’s Next.”
Here’s the course description:
This has been a blockbuster U.S. Supreme Court term for property…
Recognizing A Property Rights Icon: “Mentors, A Path to Fairness, and the Joy of Taking”
We recently attended the American Bar Association’s Annual Meeting in Denver to speak at the Section of State and Local Government Law’s program, “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power When SCOTUS Abandoned Review Under the Due Process and Contracts Clauses …
What If The Hawaii Governor’s Cutting Of The Gordian Land Use/Environmental Knot Actually Works?
The two-plus years under the declared Co-19 emergency surely have given Hawaii’s executive-branch officials a clear vision of how much easier they could get their agendas accomplished without all that pesky democracy.
Hawaii’s Sweeping Emergency Management Act: Governor is the “Sole Judge”
Hawaii’s Emergency Management Act gives state and county executives broad and nearly unreviewable…
New Article – “Necessity Exceptions to Takings” (Shelley Ross Saxer)
Worth checking out: a new article from Pepperdine Law School’s Shelley Ross Saxer, published in the University of Hawaii Law Review, “Necessity Exceptions to Takings,” 44 U. Haw. L. Rev. 60 (2022). [Disclosure: as noted in the author’s note, we reviewed an earlier draft of the piece and provided some thoughts.]…
CA11’s Eminent Domain Attorneys Fees Ruling Is Controlled By Prior Panel
The Eleventh Circuit’s short opinion (really short – 1.5 pages) in Sabal Trail Transmission, LLC v. 3-921 Acres of Land, No. 22-10435 (July 25, 2023), is straightforward: to resolve whether a Florida property owner subject to a private condemnor taking under the federal Natural Gas Act has a property right in attorneys fees and…
Tuesday Property Round-Up (International Edition)
Here’s what we’re reading today:
- Timothy Harris, Backwards Federalism: The Withering Importance of State Property Law in Modern Takings Jurisprudence, 75 Rutgers L. Rev. ___ (2023) (“Modern Supreme Court Fifth Amendment takings cases have – paradoxically — diminished the role and importance of state law. Doing so creates uncertainty and unpredictability in determining where
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Property Rights Icon To be Recognized By ABA With Lifetime Achievement Award (Aug. 4, 2023)
Join us in Denver in a few weeks at the American Bar Association Annual Meeting where our section, the Section of State and Local Government Law, will be presenting the Jefferson Fordham Awards.
The Jefferson B. Fordham Awards, the highest honors given by the ABA Section of State and Local Government Law…
Aug 4, 2023: “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power” (ABA Annual Meeting, Denver)
Join us on Friday, August 4, 2023 (10:30-11:30am, MT) in Denver at the ABA Annual Meeting for our CLE session on “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power When SCOTUS Abandoned Review Under the Due Process and Contracts Clauses…
New(er) Articles: Texas A & M Journal of Property Law – Natural Property Rights Symposium
The Texas A & M Journal of Property Law is always a good read, with many articles worthy of your time. But the Journal‘s latest, Volume 9, No. 4 (2023) stands out because it includes the papers for the Symposium on Natural Property Rights.
Check out these titles and authors:
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