Here’s the latest in a case (and issue) we’ve been following.
In this latest iteration of what we call the “SWAT takings” issue, the Sixth Circuit, like every other federal appellate court, denied the owner of property severely damaged in the course of a police dislodging of a criminal suspect. But the court
The facts in D.A. Realestate Inv., LLC v. City of Norfolk, No. 23-1863 (Jan. 16, 2025), a recent decision from the U.S. Court of Appeals for the Fourth Circuit, are fairly sympathetic. And the opinion starts off with a tantalizing quote:
In 1761, Massachusetts lawyer James Otis exclaimed “one of the most essential branches
Two — count ’em two! — cert petitions from our shop, filed today. Both call for “clarifying or overruling” Penn Central.
Oh, have I got your attention now?
If you thought the issue of whether it is a Fifth Amendment taking for a state or local government to “keep the change” after satisfying a tax debt was settled by the U.S. Supreme Court in Tyler v. Hennepin County, 598 U.S. 631 (2023), you’d be right.
Then what was there left for the
At first glance, it might seem like there’s a lot there in the U.S. Court of Appeals’ opinion in Becker v. City of Hillsboro, No. 23-3367 (Jan. 7, 2025).
After all, the city’s prohibition on new private wells and another requirement that newly built homes connect to the city’s water system seems a bit
With our tongues firmly planted in cheeks, the Planning Chairs for the upcoming 42d edition of this popular and venerable Conference bring you this “breaking news” report from San Diego!
As you know, in addition to being the best nationally-focused conference on the subjects that we love and a venue that is nearly certain to have some of the warmest winter weather in the continental United States, and we went on-location from some of the local highlights: the beaches, Torrey Pines, the Zoo, Balboa Park, the Gaslamp Quarter, and Coronado to name but a few.
More about the Conference here, including registration information.
Here are some of the highlights:
And more. Check out the complete agenda here. Registration information here.
We especially welcome first-time participants, or those returning after an absence. Connect (or reconnect) with your colleagues from across the nation.
The 41st Conference was in New Orleans. Here’s a report of that event, and here are our reports from prior conferences in Austin and Scottsdale.
Don’t miss out on San Diego: we have had record attendance in recent years, so hold your space now. #EminentDomain2025Continue Reading Breaking News: Come Join Us For The 42d ALI-CLE Eminent Domain & Land Valuation Litigation Conference, San Diego, Jan 30-Feb 1
Check out, the latest from Professor Timothy Harris, “Revisiting Palazzolo: The Blurry Lines Between Ripeness and Standing that Enable Windfalls,” 73 Kan. L. Rev. 289 (2024). He dives into the question of whether an owner who acquires property already subject to regulations that allegedly work a taking may assert a claim, or does
The owner’s land is a peninsula most of the time, but when Flathead Lake, Montana, rises a few months each year, it needed a bridge to access. So it asked the County “How about a bridge? We will only use it when the water rises.” County said yes, issued a permit.
NIMBY neighbors, however, had
The latest edition of the Brigham-Kanner Property Rights Journal (William & Mary Law School) is out, with intriguing Dirt Law scholarship from the luminaries in the field.
Check out the Table of Contents above, and then go here to download each piece or the entire issue. We will note, with a small bit of pride
In what might be the most cliched “New York City” land use situation, check out the Appellate Division’s opinion in Coalition For Fairness v. City of New York, No. 2023-05338 (Dec. 5, 2024).
Want to convert your SoHo-NoHo artist live/work space to unlimited residential use? Be prepared to pony up and pay to the
