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
“Breaking Down the Supreme Court Ruling on Permit Fees” (Thursday, Apr. 25, 2024, 4pm ET/1pm PT)
Be sure to join our Pacific Legal Foundation colleagues Brian Hodges and Larry Salzman, and Paul Beard (arguing counsel) and Chance Weldon (Texas Public Policy Foundation) tomorrow, Thursday, April 25, 2024, at 4pm ET for a free webinar on Sheetz v. El Dorado County, the Supreme Court’s recent decision holding that all permit conditions
We Heard You, Justice Thomas: NY Property Owners File New Takings Cert Petition Challenging Rent Control
As we noted here (“SCOTUS Denies Review To Remaining Rent Control Takings Petitions: “Important and pressing question” (Just Not In This Case)“), a small silver lining in the Court declining review was the statement of Justice Thomas accompanying the denial, where he noted the issue is an “important question,” and set out a
Sheetz pt. II: The Concurrences – Does Nollan/Dolan Operate Differently When Exaction Affects A Class?
Note: this is the second of our posts on the recent Supreme Court opinions in Sheetz v. County of El Dorado, the case in which the unanimous Court held that exactions imposed by legislation are not exempt from the essential nexus (Nollan) and rough proportionality (Dolan) standards. Here’s our first post
Devillier v. Texas (Part II): After Rope-a-Dope By Texas, Unanimous SCOTUS Saves The State Immunity Issue For Later
Note: this is the second of our posts on the U.S. Supreme Court’s recent decision in Devillier v. Texas. The first — which tries to put the weird post-opinion controversy over which party “won” at the Supreme Court into its proper perspective — is here.
In this post we’ll cover the case’s