The U.S. Court of Appeals for the Federal Circuit’s opinion in Stimson Lumber Co. v. United States, No. 22-1201 (Oct. 2, 2023) does not add a lot to the overall regulatory takings canon, but the court and the caption might give you a hint that this one is a Trails Act takings claim.
As
Here’s the latest in a case and an issue we’ve been following.
Recall that the U.S. District Court for the Eastern District of Texas concluded that the City of McKinney, Texas was liable for the taking of Vicki Baker’s home, after city police officers destroyed a large part of it while apprehending a suspect
A short one from the U.S. Court of Appeals for the Ninth Circuit.
In Jevon v. Inslee, No. 22-35050 (Aug. 8, 2023), the panel summarily concluded that a takings challenge to the Washington governor’s eviction moratorium — imposed in response to the Co-19 emergency — is moot.
The plaintiffs limited the relief sought to
Here’s what we’re reading about the Supreme Court’s property rights docket — some good, some disappointing — this day.
We’re not going to ask you to read the entire 24 pages of the Washington Supreme Court’s 5-4 opinion in Gonzales v. Inslee, No. 1000992-5 (Sep. 28, 2023), in which the court seriatim rejects every challenge to the Governor’s Co-19 emergency eviction moratorium for tenants, which allowed tenants who did not pay rent to
“I’ll take ‘Words I Like to See’ for $800, Alex.“
In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.
Before you get too excited by the U.S. Court of Appeals for the Sixth Circuit’s opinion in Catholic Healthcare Int’l, Inc. v. Genoa Twp., No. 22-2139 (Sep. 11, 2023), a spoiler up front: this may be a good ripeness decision, but this isn’t a takings case.
But you takings mavens may still want
Thanks to our co-authors for the latest issue of this recurring update.
The International Right of Way Association’s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.” (This is the “international” right of way association, so that last qualifier is important.)
And what is
with apologies to Green Eggs and Ham
Our friend and colleague Thor Hearne (True North Law/Federal Takings blog) sent us this and when we asked, kindly consented to us sharing it with you.
Thor writes: “I was trying to explain to my granddaughters, ages six, three and four months what I