Property rights

Here’s the latest case challenging a pandemic-related eviction moratorium, this one from Minnesota and the U.S. Court of Appeals for the Eighth Circuit.

In Heights Apts, LLC v. Walz, No. 21-1278 (Apr. 5, 2022), the court reversed the district court’s dismissal of a property owner’s takings claims. The owner challenged the Minnesota governor’s residential

Here’s an issue that we’ve been following for a while. What will a court do when a condemnor is ordered to pay (the property owner has a judgment in hand), but the condemnor says “no thanks”?

The latest incarnation is the U.S. Court of Appeals’ opinion in Ariyan, Inc. v. Sewerage & Water Board

Check out the U.S. Court of Appeals for the Eighth Circuit’s opinion in 301, 712, 2103 and 3141 LLC v. City of Minneapolis, No. 20-3493 (Mar. 14, 2022), in which the court held that a Minneapolis ordinance prohibiting property owners from rejecting a prospective tenant because of the applicant’s criminal, credit, or rental history

Screenshot 2022-03-07 at 14-43-08 Burling to Receive William Mary Law School’s 2022 Brigham-Kanner Property Rights Prize

Some good news: our Pacific Legal Foundation colleague Jim Burling is slated to receive the 2022 Brigham-Kanner Property Rights Prize in September.

Check out the media release, with more details:

James Burling, Vice President of Legal Affairs at Pacific Legal Foundation, will receive the 2022 Brigham-Kanner Property Rights Prize at William & Mary Law School’s

CedarpointPRELcoverpage

Thank you to the editors over at The Practical Real Estate Lawyer for publishing my missive on Cedar Point Nursery v. Hassid, the U.S. Supreme Court’s recent blockbuster regulatory takings decision (and for letting me post a copy of the article here so it is available even if you are not a PREL subscriber).

IMG_20170323_142813

Sorry about the headline, but come on, man! We have to use clickbaity headlines every now and then to get your attention. Here’s the latest in a case we’ve been following.

Yesterday, the Supreme Court of Canada heard oral arguments in Annapolis Group Inc v. Halifax Regional Municipality, a case involving “de facto

Screenshot 2022-02-15 at 07-42-11 Eminent Domain Reports - Publications IRWA

Check this out: 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 really nice is that they make the report available

PXL_20220127_144224442

After a two-year absence in which we went remote, in the last week of last month (our usual spot on the calendar, between the playoffs and Super Bowl), we once again met in-person for the American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference.

Approximately 200 lawyers, judges, legal scholars, appraisers, law students

Screenshot 2022-01-24 at 11-03-28 “Equitable Compensation” as “Just Compensation” for Takings

An article, from the just-published issue of the Brigham-Kanner Property Rights Journal, about a rarely-covered academic topic, just compensation.

Brian A. Lee (Brooklyn), “Equitable Compensation” as “Just Compensation” for Takings, 10 Brigham-Kanner Prop. Rts. J. 315 (2021).

Here’s the Abstract:

The Fifth Amendment’s requirement that the government pay “just compensation” to owners of

If you ever get the opportunity to teach in a law school — either as a full-time legal scholar, or part-time as an expert adjunct practitioner — take it if you can. You might think you know a lot about a particular subject, but there’s nothing like spending time at the lectern in a law