Many Honolulu residents don’t like short-term (less than 30 day) rentals. Whether fueled by NIMBY-ism, a genuine belief that tourists should stay out of residents’ neighborhoods and be limited to accommodations built for transients, or the belief that long-term rentals to locals somehow promote more affordable housing, the anti-transient renter vibe is most definitely
Mich App: Supreme Court’s Takings Ruling Is Retroactive Because It Is Not A New Rule, But Returned To Common Law
We already know that in Rafaeli, LLC v. Oakland County, 952 N.W.2d 434 (2020), the Michigan Supreme Court held that a homeowner has a property interest in the equity in her home, and that if she fails to pay the full amount of her property taxes and the government forecloses, the government can’t keep
Congratulations On Reaching The “Century” Milestone, Eminent Domain Podcast!
That’s right: Clint Schumacher’s Eminent Domain Podcast has reached its 100th episode. Very impressive, Clint!
And for this “very special episode,” Clint was kind enough to ask us to return to celebrate. In a wide-ranging hour-plus chat, Clint and I talked property rights and takings of course, but also hit on several
SCOTUS vs WOTUS: Oral Arguments In Sackett v. EPA
Now that the Supreme Court’s first arguments of this Term are in the books, you can read the transcript, or listen to the recording (mp3) (or stream it above). This is Sackett v. EPA, a case that has been to the Court before, where it unanimously held that the Sacketts could ask a
New Takings Cert Petition: Can An Agency Decide Constitutionality Of Delegation Of Federal Eminent Domain Power?
Here’s a recently-filed cert petition in a pipeline case. This one asks whether an agency — here, FERC — has primary administrative jurisdiction over a facial challenge to Congress’ delegation of federal eminent domain authority to a private party.
Here are the Questions Presented:
Whether a facial challenge to Congress’s delegation of eminent domain power
New Article: “Warranted Exclusion: A Case for a Fouth Amendment Built on the Right to Exclude”
Check this out: a new article from lawprof Mailyn Fidler (U Nebraska SOL), “Warranted Exclusion: A Case for a Fourth Amendment Built on the Right to Exclude,” 76 SMU L. Rev. ___ (2023) (forthcoming).
The Abstract:
Searches intrude; fundamentally, they infringe on a right to exclude. So that right should form the basis
Brigham-Kanner Property Rights Conference 2022 Report: It’s Chief Justice Roberts’ Property World, We Just Live In It
We spoke on the second panel of the day at the 2022 Brigham-Kanner Property Rights Conference at the William and Mary Law School. The subject of our panel — which included Professors David Callies, Tim Mulvaney, and Dave Owen — was “Reshaping the Framework Protecting Property Under the Roberts Court.“
Here’s a rough
2022 Brigham-Kanner Property Rights Conference Underway
We’re underway with the 19th Annual Brigham-Kanner Property Rights Conference at the William and Mary Law School. Here is 2022 B-K Prizewinner James Burling opening the presentations. More to follow as we make our way through the day’s programming.
Viewing Social Media Content Censorship Through The Takings Lens
We were all set to write a deep and insightful takings analysis of the U.S. Court of Appeals’ recent opinion in Net Choice, LLC v. Paxton, No. 21-51178 (Sep. 16, 2022), a challenge by the major social media platforms to a Texas statute that limits the platforms’ ability to censor speech or “de-platform” (kick
The Pursuit Of Happiness, Or Property? Asking T. Jeff The Tough Questions
Introduced on George Wythe’s steps.
One of the (many) great things about teaching and studying law at the William and Mary Law School is the location. A short walk from historic Williamsburg, the Law School (the nation’s first law school, by the way) is at the center of where some very important property