There’s a lot to digest in the California Court of Appeal’s opinion in Lafayette Bollinger Dev., LLC v. Town of Moraga, No. A163636 (July 19, 2023).
Lafayette Bollinger Development, LLC v. Town of Moraga, No. A163636 (Cal. Ct. App. July 19, 2023)
CA8: 11th Amendment Trumps The Fifth Amendment – Just Because Just Compensation Is A “Self-Executing” Federal Remedy Doesn’t Mean You Get To Come To *Federal* Court
Remember after Knick when we predicted that the Supreme Court’s opening back up the federal courthouse doors wasn’t the end of the procedural gamesmanship, but merely the opening of a new chapter? That it was time to dust off your old Federal Courts hornbook, because things like the Eleventh Amendment, Rooker/Feldman, abstention
Wine And Takings > Wine And Cheese
Check out this press release, reprinted on the Wine Industry Advisor (“Renowned International Winemaker Files Lawsuit Against Napa County over Denial of Water Rights“), noting that “winemaker of some of the world’s most sought-after wines” has sued the County in federal court for a regulatory taking, because it denied well permits after Woodbridge
CA6: In Home Equity Theft Taking, Just Compensation Is The Excess The Government Kept, Not The Value Of The Foreclosed Home
Here’s a follow up to the issue resolved by the Supreme Court in Tyler v. Hennepin County. Recall that in that case, the core question was whether state law exclusively defined the “property” which Ms. Tyler claimed – the monies remaining after the foreclosure and sale of her home to satisfy her outstanding property
ALI-CLE’s Eminent Domain & Land Valuation Litigation Conference (Feb 1-3, 2024, New Orleans): Why Attend? Here’s Why.
Why is it, you ask, that the ALI-CLE Eminent Domain & Land Valuation Litigation Conference (scheduled next February 1-3, 2024, in New Orleans) is an event that seems to be growing in popularity and attendance. In recent years, we have standing room only in the Conference halls, and have sold out the hotel block.
New Cert Petition: California’s Escheat Procedures Cheat Due Process (And Take Property To Boot)
Here’s the cert petition, recently filed, which asks the Supreme Court to review the California courts’ decision that the state’s “unclaimed property” statute — by which the State is able to grab billions of dollars of private property on the theory that the owners abandoned it. The statute requires the State to try and
Arizona Supreme Court To Decide Whether Condo Law Which Permits Association To Force Sale Of A Privately-Owned Unit Is A Taking
Here’s the Order by which the Arizona Supreme Court agreed to review a case we’ve been following.
The main issue is whether the Arizona condominium statute, which allows the condo association upon termination of the condominium regime, to sell individually-owned units is a taking under the Arizona Constitution.
Here are the questions presented:
FURTHER ORDERED:
Register Now For The 20th Brigham-Kanner Property Rights Conference, Oct. 26-27, 2023
Early registration is a good thing because space is limited, especially at the Wren Building banquet on the 26th, at which the 2023 B-K Property Rights
DC Circuit: US Copyright Office’s Requirement To Turn Over Copies Is A Taking
The buried lede in the U.S. Court of Appeals for the D.C. Circuit’s opinion in Valancourt Books, LLC v. Garland, No. 21-5205 (Aug. 29, 2023) is that the government doesn’t have that big of a role in copyrights, at least in the bare minimum of copyright protections.
We’re no copyright experts (that’s an understatement)
New Cert Petition: Overrule Penn Central!
Here’s the latest in a case we’ve been following.
In this cert petition, the property owner is asking the U.S. Supreme Court to review an unpublished decision of the Ninth Circuit which rejected both Lucas and Penn Central takings claims.
Here are the Questions Presented:
1. Should this Court overrule in its entirety