If everything the Ninth Circuit says in its unpublished memorandum opinion in Craneveyor Corp. v. City of Rancho Cucamonga, No. 22-55435 (Apr. 20, 2023) is accurate, there’s no way to ever draft a complaint alleging a facial Penn Central regulatory taking that will survive a 12(b)(6) motion to dismiss for failure to state a
Get Ready For SCOTUS Takings Arguments (Wednesday, April 26, 2023)
Take a deep dive into the arguments and amicus briefs
This Wednesday, April 26, 2023, the U.S. Supreme Court will hear oral arguments in Tyler v. Hennepin County, No. 22-166, our law firm’s case which argues that Hennepin County’s keeping the excess value in Ms. Tyler’s home over what she owed in property taxes
CA6: Taking Occurs, And Statute Of Limitations Begins To Run, When Foreclosure Redemption Period Expires And Not Before
In what the court termed a “matter of first impression,” slip op. at 5, the U.S. Court of Appeals for the Sixth Circuit held in Beaver Street Investments, LLC v. Summit County, No. 22-3600 (Apr. 21, 2023), that the statute of limitations in a § 1983 takings claim for a local government’s alleged home
Condemnation 101 (2023), Redux
Missed out on the 2023 ALI-CLE Eminent Domain and Land Valuation Litigation Conference back in February in Austin, and the legendary “Condemnation 101” track?
Well, here’s your chance to get the knowledge. On May 18, 2023, ALI-CLE is going live with a rebroadcast of that program, including real-time Q & A
Links And Materials From The 22d Annual Texas Eminent Domain Conference
Good crowd.
Here are the cases and other materials we spoke about on Friday at the 22d Annual Texas Eminent Domain Conference, in Austin. A big thank you to the Planning Chairs and to our friends at CLE International for the speaking invite.
- Sackett v. EPA (SCOTUS and WOTUS)
- Wilkins v. United States (Federal
Tyler v. Hennepin County Previews: Get Yourself Prepared For The Next SCOTUS Takings Arguments
Here at our law firm, we’re getting ready as one of our colleagues prepares to argue the Supreme Court’s next takings case in a couple of weeks. Yes, this is what we’ve alternatively called the “home equity theft” or the “keep the change” case where government seizes property to satisfy the owner’s tax debt, and
New Article: Alex Boone, “The Tide’s Coming In: A New Case for Beachfront Property Rights in South Carolina” (Wm & Mary Envt’ L & Pol’y Rev)
Check this out, a new student-authored note from William and Mary third-year law student Alex Boone, “The Tide’s Coming In: A New Case for Beachfront Property Rights in South Carolina,” 47 Wm. & Mary Envtl. L. & Pol’y Rev. 383 (2023).
Here’s the Abstract:
Part I of this Note explores the scientific data
April 27, 2023, 5-7pm, Honolulu: Join Us To Celebrate The Work And Career Of Professor David Callies
Come join us on Thursday, April 27, 2023, from 5-7pm, downtown Honolulu, to celebrate the retirement of Professor David L. Callies from the University of Hawaii Law School.
Join U.H. Law School Dean Camille Nelson, Professor Callies’ colleagues, his students (present and former), the Hawaii legal community, and family and friends as we honor
Instead Of Being The First Case To Take Advantage Of Knick, This One Was The Last Victim Of Williamson County
There’s a lot going on in the U.S. Court of Appeals for the Fifth Circuit’s opinion in Tejas Motel, L.L.C. v. City of Mesquite, No. 22-10321 (Mar. 22, 2023), but that’s mostly because it’s a procedural decision resolving a question of whether a Texas court’s federal takings judgment was res judicata, and therefore
Join Us At The 22d Annual Texas Eminent Domain Conference, April 13-14, Austin
If you are in the Austin area (or anywhere in Texas for that matter), please consider joining us April 13 and 14, 2023 for the 22d Annual Texas Eminent Domain Conference.
Two days of great programming and talking shop, plus a chance to connect and re-connect with friends and colleagues. And, of course, all