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
Professor Kanner’s Final Article: “Eminent Domain Projects That Didn’t Work Out,” 12 Brigham-Kanner Prop. Rts. J. 171 (2023)
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.
Farewell To A Giant – Gideon Kanner (1930-2023)
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
Indiana: Depriving Litigant Of Ability To Bring Class Action Challenging Co-19 Zoom Classes Isn’t A Taking
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
La Cour suprême du Canada Considering Effect Of “The Scheme” On Takings And Compensation
“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
Join Us For 100 Years Of Pennsylvania Coal (Pace Land Use Conference, Dec. 8, 2023)
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
Harvard Law Review On Tyler v. Hennepin County: Reflecting The “Diminishing” Role Of State Property Law In Takings
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
(Un)Happy 97th Birthday, Euclid!
On this day in 1926, the United States Supreme Court issued its landmark opinion in Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (Nov. 22, 1926).
You know this one (shame on you if you don’t!) – it is the case in which the Supreme Court first upheld — against
New Podcast: The Cedar Point Takings Case (From The Guy Who Argued Cedar Point)
Check this out, our law firm colleague Joshua Thompson talks about regulatory takings, and his big Supreme Court victory in Cedar Point Nursery.
If you are reading this blog, you already know what that means. Regulatory takings. Bundle of sticks. Penn Central (bleh), and right to exclude. Here’s the description of the program:
In
Legislative Exactions Merits Brief (Ours): “the text and history of the Takings Clause admit no exception for legislative takings”
Here’s the merits brief in a case we’ve been following (naturally, because it is one of ours). This is Sheetz v. El Dorado County, the case which asks whether a condition on development (aka an “exaction”) is exempt from the close nexus and rough proportionality standards of Nollan/Dolan/Koontz simply because the exaction is imposed