A fairly short one from the U.S. Court of Appeals for the Fifth Circuit.
In Sheffield v. Buckingham, No. 22-40350 (July 31, 2023), the court affirmed the district court’s declining to issue a preliminary injunction enjoining State of Texas officials from enforcing the Open Beaches Act.
The presumptive public/private boundary on beaches in Texas
In Masloka v. Public Utility District No. 1, No. 101241-1 (Aug. 3, 2023), the Washington Supreme Court held that a takings claim did not automatically transfer to a new property owner when the property was sold.
Your first reaction might be like ours, “what about Palazzolo!?” Didn’t that case say that transfer of
Tomorrow, Wednesday, August 9, 2023 at 1:00 – 2:00 p.m. (Eastern Time), please join us for ALI-CLE’s web program, “How Did Property Rights Fare at the Supreme Court? What Happened in the 2022 Term and What’s Next.”
Here’s the course description:
This has been a blockbuster U.S. Supreme Court term for property
We recently attended the American Bar Association’s Annual Meeting in Denver to speak at the Section of State and Local Government Law’s program, “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power When SCOTUS Abandoned Review Under the Due Process and Contracts Clauses
Worth checking out: a new article from Pepperdine Law School’s Shelley Ross Saxer, published in the University of Hawaii Law Review, “Necessity Exceptions to Takings,” 44 U. Haw. L. Rev. 60 (2022). [Disclosure: as noted in the author’s note, we reviewed an earlier draft of the piece and provided some thoughts.]
Here’s what we’re reading today:
The city told an owner whose three parcels were outside of the city’s jurisdiction that if it wanted the city’s permission to replat into 74 parcels, it would need city water and sewer service to each of the proposed lots.
So the owner asked to connect to the city’s water and sewer system (deliberately overbuilt
Here’s a recently-published article (ALI-CLE’s The Practical Real Estate Lawyer) on a subject that we know you will want to read about: Jon Houghton, Hertha Lund, and Ben Stormes, Application of the Penn Central Test, 7 Prac. Real Estate Lawyer 7 (May 2023).
Check it out. It’s short, practical (naturally), and
The Mahon Property
Join us on Friday, August 4, 2023 (10:30-11:30am, MT) in Denver at the ABA Annual Meeting for our CLE session on “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power When SCOTUS Abandoned Review Under the Due Process and Contracts Clauses
A short one from the Florida District Court of Appeals (First District).
In D’Arcy v. Florida Gaming Control Comm’n, No. 1D21-3606 (May 24, 2023), the court held that the voters of Florida adopted Amendment 13 to the Florida Constitution that outlawed betting on greyhound racing (indeed betting all dog racing), it did not effect