DJK was adding a bedroom to an existing residence and needed a wastewater permit from Vermont’s environmental agency. The agency has a “presumptive isolation zone” around potable water supplies and septic systems in which a property owner is presumed to be barred from doing anything sewage related. In this case, the isolation zone for DJK’s
Register Now! ALI-CLE Webinar “Property Rights and Regulatory Takings at the Supreme Court” (With Counsel For Sheetz & Devillier) – July 16, 2024
Mark your calendars and register now for the upcoming American Law Institute-CLE webinar “Property Rights and Regulatory Takings at the Supreme Court.” The focus of this program is a summary and analysis (including “what’s next?”) of the two big property and eminent domain cases decided by the U.S. Supreme Court, Sheetz (exactions), and
New Cert Petition: When Does The Statute Of Limitations Start To Run On A Reg Takings Claim?
Here’s the latest in a case we’ve been following.
Check out this cert petition which asks about what actions trigger the statute of limitations on a takings claim. This is an issue that seems to be cropping up more and more these days. For example, see here, here, here, here
New Article: “At Will [Employment] as Taking,” 133 Yale L.J. 2165 (2024)
Here’s the abstract:
Employment at will is legally and politically entrenched. It is the default termination law in forty-nine states and controls the working lives of most U.S. workers, creating a political economy of precarity and exploitation. In light of these challenges, this Essay offers a novel framework for a constitutional challenge to the at-will
La Cour suprême du Canada: In Constructive Takings, Compensation Calculated Without Reference To “The Scheme”
Readers know that from time-to-time, we like to cover the going’s on in the courts of our neighbors to the north. See here and here, for example. Although property rights are not a constitutional principle in Canada (the people did not include property as a fundamental constitutional right when the Constitution was amended last)
Lawprof Lee Fennell To Be Awarded 2024 Brigham-Kanner Property Rights Prize
Lawprof Lee Anne Fennell, whose work makes frequent appearances here (see here, here, and here for example), has been selected as this year’s recipient of William and Mary Law School’s Brigham-Kanner Property Rights Prize. See this announcement for details.
“Lee Fennell is one of the most thoughtful and thought-provoking scholars
Tex App: A Fight Over Who Owns A Historic Letter Isn’t A Takings Problem
Check out Texas State Library and Archives Comm’n v. Westmoreland, No. 03-22-00276 (Mar. 22, 2024), where the Texas Court of Appeals (Third District) rejected a claims of a putative owner of a letter that the State of Texas asserting that it owns the letter would be a taking.
Westmoreland possesses a historic letter, and
Blinded Me With Science! No Taking For Selective Co-19 Business Shut-Down, But Might Violate North Carolina’s Fruits Of Labor Clause
Check out the North Carolina Court of Appeals opinion in North Carolina Bar and Tavern Ass’n v. Cooper, No. COA22-725 (Apr. 16, 2024).
We’re not going to go into great detail, mostly because this one tracks the most common judicial approach to takings challenges to business shut-down orders during the Co-19 period. The court
Aloha To Another Semester Of U. Hawaii Land Use
There are some rewards for working late in the 808
Yesterday was the last day of instruction for the Spring 2024 semester at the University of Hawaii Law School. Did these last few months ever go by fast.
A big thank you to Professor Mark M. Murakami, with whom I guest-lectured at the Old
New Cert Petition: Tolling Statutes Of Limitations; Are Equitable Remedies Available For Takings?
Here’s the latest, a cert petition where the property owners are represented by Michael Berger.
We’re not going to be saying too much here, because a Berger cert petition certainly doesn’t need any furter explication by us. And, our firm is going to be filing an amicus brief, urging the Court to take