A quick check of the Supreme Court’s docket in the Knick v. Township of Scott case shows that no less than 18 amici briefs have been filed top side. Not all of them in support of the Petitioner mind you (two, the briefs of the United States and of the American Planning Association, are in
One More Reminder: Seats Still Available For June 11 Honolulu Screening Of “Little Pink House”
It’s a go for next Monday, June, 11, 2018, and the exclusive Honolulu screening of “Little Pink House,” the feature film about the Kelo v. City of New London case.
There are still some seats left, so if you are even thinking of attending, buy your ticket here, right now.
We’ve seen
Our Knick Amicus Brief: Monkey Selfies Can Get To Federal Court, But Not Fifth Amendment Takings?
The main point we’re trying to make in the amici brief we are filing today on behalf of Citizens’ Alliance for Property Rights Legal Fund in Knick v. Township of Scott, No. 17-647 (cert. granted Mar. 5, 2018), is that the average property owner simply cannot fathom why—if a state or local government has taken
Knick Brief On The Merits: Time To Ditch Williamson County‘s State Exhaustion Requirement
Here’s the Petitioner’s Brief on the Merits in Knick v. Township of Scott, No. 17-647, the case in which the Supreme Court is being asked to revisit our old nemesis, Williamson County‘s “state exhaustion” requirement, a doctrine which tells takings plaintiffs that they cannot press a takings claim against state or local governments
New Cert Petitions: Can Pennsylvania Redefine What Counts As An “Interstate” Pipeline Under Federal Law?
Recently, Pennsylvania property owners filed two cert petitions (download here and here) asking the U.S. Supreme Court to review this question:
Whether the Hazardous Liquid Pipeline Safety Act (HLPSA)1 preempts the Pennsylvania Public Utility Commission’s (PUC) jurisdiction to issue Certificates of Public Convenience resulting in eminent domain power when the HLPSA states it
The Latest In The Houston Flood Cases: CFC Rejects Gov’t’s Motion To Dismiss
Here’s the latest in the Houston flood cases against the federal government asserting inverse condemnation, which we’ve been following.
In this Opinion and Order, the Court of Federal Claims (Judge Lettow) rejected the Government’s motion to dismiss, deferring it until trial. If you want a quick rundown of the case, the
“Little Pink House” Author: Time To Give The Land Taken By Eminent Domain Back To Kelo And Other Former Owners
Jeff Benedict, author of “Little Pink House,” the book about the Kelo v. New London eminent domain debacle (and now a movie) has made a video (at the still-vacant Fort Trumbull site), and written an op-ed, arguing that the land should be conveyed back to its former owners, including Ms. Kelo:
Case To Watch: Utilities, Wildfires, And Inverse Condemnation
Update 5/23/2018: the court’s written order here.
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Here’s the latest in those inverse condemnation cases against Pacific Gas & Electric for taking the homes and businesses which were lost as the result of last fall’s northern California wildfires. Multiple complaints have been filed, and they’ve been consolidated in the San Francisco Superior Court
Thursday Reading, Law Review Edition
Here’s some of the things we’re reading or reviewing today, focused on the legal scholars and takings (with the last one being of general interest):
- Michael Pollack, Taking Data, 86 U. Chi. L. Rev. ___ (2018) (“This Article proposes a new approach to regulating government investigations of data that has been shared with ISPs
“New” vs “Old” Property – New Cert Petition Asks, Is Right To Use Property “Fundamental?”
After the Supreme Court’s decision in Lingle v. Chevron U.S.A., Inc., 544 U.S. 528 (2005), whether a government action “substantially advances a legitimate state interest” — for a long time assumed to be a takings question under Agins — found a new home in the the Due Process Clause.
Here’s the recently-filed cert petition