(Spoiler alert: we think the answer is “yes” — see below)
Delving into the latest Supreme Court opinion related to the Affordable Care Act, lawprof Josh Blackman (who recently wrote about bump stock takings), now asks a broader question: Is there an express cause of action under the Takings Clause? More pointedly he writes
What do you think of when you think of south Florida? Beaches? Jai Alai? Cuba Libre? Crockett and Tubbs and a career in southern law enforcement?
Well, it better not be dog racing. Because by an amendment to the Florida Constitution (Amendment 13), the people of Florida banned
That was fast: the very first (as far as we can tell) case challenging the various coronavirus shutdown orders has reached the Supreme Court. See here, here, here and here, for other cases.
This is the Pennsylvania case we wrote about a couple of weeks ago. The one where where “
The town grabs, then sells property for failure to pay property taxes. The sales price is more than the tax lien. Does the town have an obligation to give the owner the difference, or can it keep it unless the owner sues?
Thanks to a colleague who sent us the case, we know that was
As we understand it, at some of our leading law schools the basic Property course is no longer a required 1L course. It’s an elective. Quelle horreur!
We think that’s a bad idea. Our Property I course (a 4-credit one-semester monster) is where we learned about things like treasure trove (finders, keepers –
If you missed the three-and-a-half hours (!) of this morning’s teleconferenced oral argument of the en banc U.S. Court of Appeals for the D.C. Circuit in a case we’ve been following (along with a related case), well, you are in luck. There are multiple ways to listen in. You can stream it from YouTube
CHALLENGE: find the “damage” on the Loretto building
Here’s the amicus brief filed today by Pacific Legal Foundation that urges the Supreme Court to grant our cert petition in a case that asks:
To constitute a taking under the Fifth and Fourteenth Amendments, must a physical invasion also destroy or substantially impair an owner’s economically
There’s still time to join us tomorrow, Friday, April 24, 2020 at 2-3pm Eastern Time, they will be presenting “Strategies for Litigating Regulatory Taking Cases” in a webinar produced by ALI-CLE. Register here (multiple attendee discounts available).
At the recent ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Nashville, our colleagues
Lacking things to read during your shut-down? Well, we have the solution: the Fordham Urban Law Journal has devoted an entire issue to Knick and takings ripeness (“Taking Account: Procedure, Substance, and Stare Decisis in the Post-Knick World“).
Our article “Sublimating Municipal Home Rule and Separation of Powers in Knick v.
Here’s the latest complaint challenging a governmental business shut-down order. In this case, it is an order by the Michigan governor. We’ve seen similar lawsuits recently (see here, here and here, for example). So far, these complaints have have not met with receptive audiences. This one was tossed aside quickly. This one