Regulatory takings

Here’s the latest in a case we’ve been following.

In this Order, the U.S. District Court for the District of Hawaii made permanent its earlier ruling that Honolulu’s ordinance which expanded the minimum rental term to 90 days because it did not account for those owners who were already legally renting their properties

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Starting in January, we’ll be helping our friend and former law partner Mark M. Murakami with the venerated and oh-so-important Land Use course (Law 580) at the University of Hawaii’s Law School.

We’re temporarily stepping into some mighty big slippers (this is Hawaii, so we don’t always wear shoes), as this is the course that

We’ve been eagerly waiting for the new season of the Institute for Justice’s podcast series, “Bound by Oath” to drop. Not only because it’s a great series – produced by John Ross, it is more like an audio documentary than a typical podcast – but also because John was kind enough to ask

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Here it is — Professor Gideon Kanner’s final law journal article, published shortly before his passing:

Gideon Kanner, Eminent Domain Projects That Didn’t Work Out, 12 Brigham-Kanner Prop. Rts. J. 171 (2023).

Appropriately, we think, published in William and Mary Law School’s Brigham-Kanner Property Rights Journal, named in part in Gideon’s honor.

GK
Aloha, Gideon

This is one of those posts I wish I didn’t have to write.

I’m sad to report that our teacher, mentor, and friend Professor Gideon Kanner passed away on Wednesday, November 22, 2023, in his 93d year.

Appellate advocacy, eminent domain, and land use legend. Holocaust survivor. Prolific author and speaker. Argued Agins

Like a lot of us, Ball State University student Keller Mellowitz didn’t care for “remote” or “Zoom” virtual classrooms which were imposed on us in varying degrees during the Co-19 thing.

But he didn’t take it lying down. Believing that remote learning wasn’t what was promised to him in return for his tuition dollars

Screenshot 2023-11-27 at 08-13-43 Supreme Court of Canada - SCC Case Information - Webcast of the Hearing on 2023-11-16 - 40302
“Good morning, Justices”

You know that from time to time — mostly thanks to our friend and colleague Shane Rayman and his firm — we cover property goings-on north of the border when a good property rights case comes before the Supreme Court of Canada (see here and here for past examples).

Well, here’s another

Pace
22nd annual Alfred B. DelBello Land Use
and Sustainable Development Conference

Come, join us (and others) on Thursday-Friday, December 7-8, 2023, at Pace Law School in White Plains, New York for the Land Use and Sustainable Development Conference (this year’s conference theme is “Balancing Economic Realities with Environmental and Social Concerns”).

We’re speaking about the

Screenshot 2023-11-24 at 11-46-32 Tyler v. Hennepin County - Harvard Law Review

Check this one out, the Harvard Law Review‘s summary of Tyler v. Hennepin County, the “home equity theft” takings case decided unanimously by the Supreme Court.

Some highlights:

Beginning with traditional principles, Chief Justice Roberts suggested that a property interest in surplus equity had English origins — King John proclaimed in the Magna