Here is a transcript of the remarks I delivered today at the 2019 Brigham-Kanner Property Rights Conference. I was honored to join lawprof Henry Smith and Florida Supreme Court Justice (ret.) Ken Bell (who authored the Florida court’s opinion in Stop the Beach Renourishment which was challenged in SCOTUS as a “judicial taking”) to speak
Today’s the kickoff events for William and Mary Law School’s Brigham-Kanner Property Rights Conference. We started the day with eminent domain and property law attorneys speaking about the practice of law (pictured above, Justin Hodge (TX) and Christian Torgrimson (GA)).
Toronto’s Shane Rayman and I spoke about international and comparative property and eminent domain
With the 2019 edition of the Brigham-Kanner Property Rights Conference (and award of the B-K Prize to Professor Steven Eagle) to get underway later this week, it is also publication time for the latest issue of the Brigham-Kanner Property Rights Journal.
This edition focuses on the “Federalism Dimension of Constitutional Property,” and we contributed
Reading through the opinion of the Supreme Court of the Philippines in City of Manila v. Roces Prieto, No. 221366 (Aug. 29, 2019), there is a lot there that will look familiar to U.S. lawyers, specifically U.S. eminent domain lawyers.
Viz.: It is up before the Court on a petition for certiorari, there
Last week, along with Bob Grace, I (Robert (don’t-call-me-Bob) Thomas), was a guest on Clint Schumacher’s Eminent Domain Podcast. Stream it above, or download it here.
Clint and I had a wide-ranging discussion that centered on the recent trend of limiting short-term rentals, the legal pushback, and (of course) takings. We discussed
Chief Justice Marshall (L) and Professor Wythe (R) request the pleasure of your company at the 16th Brigham-Kanner Property Rights Conference at the William & Mary Law School, in Williamsburg, Virginia, Thursday and Friday, October 3-4, 2019. Register here, and make your plans to join us.
The Conference’s main event is the awarding of
Here’s the amici brief we are filing today in support of the Petitioner in a case we’ve been following, Smyth v. Conservation Comm’n of Falmouth, No. 19-223 (cert. petition filed Aug. 20, 2019).
The Massachusetts Court of Appeals held that a judge, not a jury, determines Penn Central takings questions, and that the
Takings mavens know lawprof Ilya Somin. Among other things, he’s authored some of the more interesting and useful scholarship in our field.
Here’s his latest, published in the 2019 Cato Supreme Court Review, about the Supreme Court’s latest takings case, Knick v. Township of Scott.
We naturally recommend you read the entirety
Today’s post is kind of long, but we think the opinion is well worth your time.
NGA Preliminary Injunctions
Regular readers know that we’ve made no secret of our disapproval of the prevailing practice in federal courts of using preliminary injunctions to allow private for-profit pipelines to grab immediate pre-condemnation possession of property using the
A great result for colleague Carolyn Elefant, who represents property owners in a case and issue we’ve been following.
This is one of those Natural Gas Act pipeline cases. Not on the issue of immediate-possession-by-injunction (we’ll have the latest development in that chapter very soon), but on the administrative law side, involving FERC’s