Here’s the latest in a case we’ve been following. This morning, in this Order, the Supreme Court denied cert in two cases which seemed to have a good chance at a grant, on two pressing issues which have divided lower courts, the physical occupation in tenancies (aka Yee), and the nature of the
Today’s must-read, a (very) recent article by our Pacific Legal Foundation colleague John Groen, published in the Touro Law Review, “Takings, Original Meaning, and Applying Property Law Principles to Fix Penn Central.”
With a title like that, who could resist? Here’s the Abstract:
Justice Clarence Thomas, dissenting
Here’s the latest in a case we’ve been following. The New Jersey Supreme Court has agreed to review the Appellate Division’s decision in Englewood Hospital & Medical Center v. New Jersey.
That’s the case where several hospitals challenged a New Jersey statute which requires hospitals to take all patients regardless of their ability
Charles McFarland, arguing.
Here’s the latest in a case we’ve been following closely (and disclosure: our firm filed an amicus brief in the Texas Supreme Court).
In The Commons of Lake Houston, Ltd. v. City of Houston, the Texas Court of Appeals held that the city could not be liable for a taking
Here’s the latest takings cert petition, in a case involving a California county’s refusal to rezone property back to its former zoning to allow residential development. The only uses permitted on the property presently are “scientific research facilities uses” and hiking trails. Or, at the petition puts it, “only public, park-like uses.” Pet. at
The latest issue of the University of Chicago Law Review has this student-authored piece that is worth your time reading. “Guns and the Right to Exclude: Saving Guns-at-Work Laws from Cedar Point‘s Per Se Takings Rule,” 91 U. Chi. L. Rev. 2047 (2024).
Here’s the Abstract:
The Supreme Court’s decision in Cedar
Our outfit (Pacific Legal Foundation) has put out a call for papers. on the topic of land use exactions and housing law. Honorarium included for accepted papers, and there will be a workshop to follow.
Here’s the description:
This workshop seeks to build on the result of Sheetz v. County of El Dorado and
A new student-authored journal article worth reading, Christine Dong, “Vacancy Taxes: A Possible Taking?,” 91 U. Chi. L. Rev. 1725 (2024).
Here’s the Abstract:
Vacancy taxes are an increasingly popular solution to the paradoxical problem of high housing demand coupled with high vacancy. Cities across the country facing housing shortages have either implemented
Here’s the latest in a case we’ve been following, which asks whether a local ordinance which allowed non-paying tenants to remain in the lessor’s property is a physical taking, or merely the regulation of the lessor/lessee relationship under the Yee theory, which posits that once an owner voluntarily rents property to a tenant
Lawprof Ilya Somin (GMU Law), Mercatus Center’s Charles Gardner,
and lawyer Emily Cruikshank Bayonne (Tubman Realty, LLC)
speaking on “How Policy Changes Can Address Incursions on
Property Rights Where Courts Have Failed to do So.”
Jim Burling (PLF) moderating.
Recently, we attended a wonderful symposium co-sponsored by George Mason Law School’s Journal of