Regulatory takings

“But we had to eat.”

So begins the Washington Supreme Court’s opinion in Washington Food Industry Ass’n v. City of Seattle, No. 99771-3 (Feb. 9, 2023), wherein the court held that a takings challenge to Seattle’s ordinance requiring Co-19 combat pay for food delivery workers may proceed. 

There’s a lot in the opinion about

40th ALI-CLE

We were eagerly anticipating 40th American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference. The 2022 Conference in Scottsdale was one of the first meetings where everyone was back in-person (and was a smashing success), but that conference was early in the game so not everyone could or would attend. But in the past

Here’s the latest in a case we’ve been following since its inception.

The U.S. Court of Appeals for the Second Circuit has affirmed the Eastern District of New York’s 12(b)(6) dismissal of a complaint alleging that New York (state)’s sweeping amendments to its Rent Stabilization (rent control) statute effected physical and regulatory takings.

First

Screenshot 2023-02-07 at 09-17-30 Emerging Issues in Property Rights

Join our Pacific Legal Foundation colleagues Jon Houghton, Daniel Woislaw, Kady Valois, and Sam Spiegelman (moderating) tomorrow, Wednesday, February 8, 2023, at 3:00 – 4:00 p.m. ET for a free webinar, “Emerging Issues in Property Rights.”

Here’s the agenda:

Protecting private property rights has been at the heart of PLF’s

You remember, don’t you? In the early days of the Co-19 epidemic, government and public health authorities were scrambling to do something … sometimes anything! … to respond.

Dare County, North Carolina might have been one of those local governments that went maybe just a bit too far in the precaution vs effectiveness departments:

If your first reaction to the Texas Court of Appeals (First District)’s decision in City of Houston v. The Commons of Lake Houston, Ltd., No. 01-21-00369-DV (Jan. 12, 2023) is scratching your head, then please come join us in bewilderment.

After all, the court held that a takings claim failed because the city

We’re not suggesting you read the entire majority and dissenting opinions from the U.S. Court of Appeals for the Eleventh Circuit in Landcastle Acquisition Corp. v. Renasant Bank, No. 20-13735 (Jan. 12, 2023). After all, together they comprise 126 pages (yikes!). And the case isn’t our usual fare, but “arises out of the insolvency

Today’s post is by our Pacific Legal Foundation colleague Kady Valois, writing about last week’s opinion by the Florida District Court of Appeal (Second District) in Lake Lincoln, LLC v. County of Manatee, No. 2D21-2826 (Jan. 13, 2023),

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Divide and Conquer (Or Not): Florida’s Test
For The Regulatory Takings Larger Parcel

by

We really want you there…

One (nearly) last reminder that there’s still time to register for your space at the 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, February 1-4, 2023, in Austin. In the past several years, we have sold out due to the conference room capacity and the conference hotel block.

Chop_park
Saturday in the park…I think it was the Fourth of July

Here’s the latest on a case we’ve been following, about the blocking off of a neighborhood in Seattle and making it a no-go zone for those whom the takeoverers wanted to keep out.

Yes, the CHOP/CHAZ case is still a thing. [And before we