Property rights

IS WM

Next Tuesday, September 28, starting at 12:50pm ET, we’ll be moderating a talk sponsored by the William and Mary Law School chapter of the Federalist Society.

Professor Ilya Somin, a nationally-recognized expert in eminent domain, takings, and related topics, is zooming in to speak about “Cedar Point Nursery v. Hassid and the Future

In case you missed it live, here’s the recording of the recent one-hour program on “The Future of Regulatory Takings at the Supreme Court,” featuring our colleagues Joshua Thompson (Pacific Legal Foundation) and Paul Utrecht (Utrecht & Lenvin, LLP), with Jim Burling (PLF) moderating.

The program discussed Cedar Point Nursery v. Hassid

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There’s still plenty of time to register and join us for the 18th Annual Brigham-Kanner Property Rights Conference at the William and Mary Law School, Thursday and Friday, September 30 and October 1, 2021.

Yes, you may attend in-person, or remotely. The registration fees are very reasonable, ranging from $0 (yes, free!) to $200

There’s a lot going on in this cert petition, recently filed. More fallout from the big auto bailouts. Regulatory vs physical takings. And more.

But what really grabs our attention starts on page 35. There, the petition asserts the property owner’s loss in this case is just part of a bigger picture in which

Here’s the pending cert petition asking the Supreme Court to take up (pun intended) a case involving a Penn Central taking.

This is another one of the cases from the big auto bailout/takeover. The plaintiffs are (former) Chrysler dealers whose dealership franchise contracts were sloughed off as part of the $38 billion federal bailout of

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Check this out, the latest from lawprof Lee Anne Fennell, her thoughts on the Supreme Court’s Cedar Point decision, “Escape Room: Implicit Takings After Cedar Point,” forthcoming in the Duke Journal of Constitutional Law & Public Policy.

Here’s the abstract:

In the June 2021 case of Cedar Point Nursery v. Hassid, the

A very short one from the Oregon Court of Appeals.

In Walton v. Neskowin Reg. Sanitary Auth., No. A168358 (Sep. 1, 2021), the court concluded that the trespass statute of limitations of six years applied to a physical takings (inverse condemnation) claim. The Sanitary Authority installed a main sewer line on the plaintiffs’

Check this out. A short online comment at the Yale Journal on Regulation by Judge Thomas Griffith, “A New Test Or Merely A New Name For Some Regulatory Takings?

The comment addresses the notion that the Supreme Court in Cedar Point shuffled up takings doctrine:

Much of the commentary about the Supreme

Untitled Extract Pages

The other shoe — perhaps the most predictable shoe drop in legal history — dropped yesterday, and the Supreme Court vacated the stay on appeal in one of the cases challenging the CDC’s renewed eviction moratorium, meaning that the district court’s judgment vacating the moratorium can go into effect. Alabama Ass’n of Realtors v. Dep’t

All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:

  • Keynote: Do Animals Have Property Rights?
  • Did the Supreme Court Signal a New Direction in Property Rights in Cedar Point Nursery?
  • Maximizing Relocation Benefits: Understanding the Law and Regulations to Ensure Fairness
  • Challenging Public Use: Lessons