Here’s the cert petition in a case we’ve been following out of the Tenth Circuit involving an attempt by a private utility company to take property which is now partly tribal land.
In Public Service Co. of New Mexico v. Barboan, 857 F.3d 1101 (10th Cir. 2017), there wasn’t a question that a federal
This fall, I’ll be teaching a new course at the William and Mary Law School in Williamsburg, Virginia.
Here’s the description of Property Rights: Law and Theory (Law 608) from the course catalog:
Property rights and property theory have been essential components of Anglo-American law for centuries, and the protection of the right of
Remember the Tom Cruise/Steven Spielberg flick Minority Report? That’s the one based on Philip K. Dick’s short story in which the police force’s PreCrime unit can presage that a citizen will violate the law in the future, so they arrest him now even though he has committed no crime.
That’s the same vibe we
Here’s the latest “Map Act” case from North Carolina, one that touches a bit on the metaphysical side because it gets into the question of whether an ongoing inverse condemnation case in which the N.C. Supreme Court has already ruled that property was taken (although it did not determine the interest taken), prevents the government
For those of you who have not recently attended the ALI-CLE Eminent Domain and Land Valuation Litigation Conference (which we held recently in Charleston, and which we’re planning for in Palm Springs in Jnauary 2019), here’s another sampling of the kind of thing we do.
It’s our New Jersey colleague Anthony Della Pelle
For those of you who have not recently attended the ALI-CLE Eminent Domain and Land Valuation Litigation Conference (just wrapped in Charleston, planning Palm Springs 2019), here’s a small sampling of the kind of thing we do.
It’s U. Virginia lawprof Molly Brady talking about the U.S. Supreme Court’s regulatory takings decision in
We’re not going to be filing an amicus brief in support of the petition for cert in the case involving Martin’s Beach on the Northern California coast. Masters of the Universe like Paul Clement and his team hardly need help from the kids in the back row.*
The last time the U.S. Supreme Court faced Williamson County in a merits case, the property owners made the mistake of not challenging that case’s “state procedures” requirement directly. An exchange with Justice O’Connor went like this; from the transcript:
Justice O’Connor: And you haven’t asked us to revisit that Williamson County case, have
Here’s an article (“Murr v. Wisconsin: The Supreme Court Rewrites Property Rules in Multiple-Parcel Regulatory Takings Cases“), which we authored along with a colleague, published in February 2018’s Zoning and Planning Law Report, about the U.S. Supreme Court’s decision in Murr v. Wisconsin, the case about the “larger parcel” in
Here’s the latest in a case we’ve been following since its inception, Brott v. United States, the case which asks the deceptively simple question of whether property owners who sue the federal government for a taking are entitled to both an Article III forum, and to have the issues determined by a jury.