Check out the U.S. Court of Appeals for the Eighth Circuit’s opinion in Pharmaceutical Research and Manufacturers of America v. Williams, No. 21-1731 (Apr. 3, 2023), where the court reinstated a complaint dismissed by the district court for lack of standing.
The Eighth Circuit held that even though the “usual” remedy for a regulatory
As most of you probably already know, there’s a demon lurking out there in takings claims. Not of the Levon Helm-narrated The Right Stuff variety, but maybe just as deadly in litigation.
That’s right, the too-early-or-too-late thing (or in some cases, the too-early-and-too-late argument). Getting caught between arguments that a takings claim
Check this out, a recently-filed cert petition in a case we’ve been following, filed by our friends and colleagues at the Institute for Justice. This one involves an issue we’ve been on top of also, most recently in these two cases (see here and here).
That is, what does the Supreme Court’s description
A quick one from the Indiana Supreme Court (thanks to our Pacific Legal Foundation colleague Sam Spiegelman for the heads-up on this one).
In Town of Linden v. Birge, No. 22S-PL-352 (Mar. 7, 2023), the court held that intermittent government-induced flooding of property is treated as a permanent invasion and a per se taking
Let’s say you know nothing else about an appeal except it is being decided by the U.S. Court of Appeals for the Second Circuit, and the case is a constitutional challenge to rent control. What’s your best guess about the outcome (the district court dismissed for failure to state a claim)?
When the Second Circuit
Today’s post is by our Pacific Legal Foundation colleague Kady Valois, writing about a recent Federal Circuit Rails-to-Trails takings case, Behrens v. United States, No. 22-1277 (Feb. 13, 2023).
+++++++++++++++++++++++++++++++++++++++++
How The West Was Won: Easements!
by Kady Valois
There’s a saying that the west was won by pioneers, settlers, and adventurers.
Here’s the merits brief, filed yesterday in the above-depicted Court by our law firm colleagues, headed by Counsel of Record Christina Martin in Tyler v. Hennepin County, No. 22-166, a case and an issue we’ve been following closely. This is the one, where, as recounted in the petition:
Hennepin County
Check this out, a new article co-authored by a federal judge’s law clerk and lawprof Lior Strahilevitz (Chicago). With the title, “Toward Principled Background Principles in Takings Law” are we going to read it? You bet. (Unlike a lot of new scholarship that we post here, we read this one immediately.)
Here’s the
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.”
And what is really nice is that they make the report available.
Here’s the latest.
We’re posting it here because we’re one of the co-authors. Hat tip