If you understand the headline of this post, congratulations: you are officially so deep in the weeds that you deserve both a Federal Courts and a Takings merit badge.
For those of you not in so deep, here’s the short story behind the U.S. Court of Appeals for the First Circuit’s short opinion in Efreom
In Hignell-Stark v. City of New Orleans, No. 21-30643 (Aug. 22, 2022), the U.S. Court of Appeals for the Fifth Circuit, like a lot of other courts, reached an unsurprising conclusion: New Orleans’ restrictions on short-term rental of residential properties isn’t a taking. But there are parts of the opinion that are definitely
There’s still space for you to join us — preferably in-person, but remotely if that is not possible for you — at the 19th Annual Brigham-Kanner Property Rights Conference, September 29-30, 2022, at the William and Mary Law School in Williamsburg.
The American Law Institute was kind enough to post a notice about the Conference
You’ll definitely want to check out the U.S. Court of Appeals for the Third Circuit’s opinion in Makrilov v. City of Jersey City, No. 21-1786 (Aug. 16, 2022).
Not because it reaches any earth-shattering conclusions — the opinion unsurprisingly concluded that the city’s restricting (but not eliminating) short-term rentals (less than thirty days) was
Today’s a busy day, so we can’t lay out the details of the Texas Court of Appeals’ opinion in City of Dallas v. Trinity East Energy, LLC, No. 05-20-00550-DV (Aug. 1, 2022). But we want to post up the decision and urge you to read it because it is a rare bird: not only
Is there a more appropriate place at which to study property rights and dirt law than William and Mary Law School? After all, it is a stone’s throw from Jamestown, the place where there’s a good argument the concept of property law and property rights first took hold in the New World. As
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.
We’re posting it here because we’re one of the co-authors. Hat tip to our co-authors
No, not that JQA. (Sorry for the clickbaitey headline.) But who could resist the Fifth Circuit’s per curiam opinion in John Quincy Adams v. Pearl River Valley Water Supply District, No. 21-60749 (July 20, 2022) which held that Mr. Adams, who owned property near a reservoir, could not sue state officials in federal court
In Skatemore, Inc. v. Whitmer, No. 21-2985 (July 19, 2022), the U.S. Court of Appeals for the Sixth Circuit held that neither the Just Compensation Clause, nor the Fourteenth Amendment abrogated the states’ immunity from being sued in federal court for compensation for takings.
This is another one of those cases where — due
We were all set to detail the Iowa Supreme Court’s recent opinion in Garrison v. New Fashion Pork LLP, No. 21-0652 (June 20, 2022), when we discovered that Iowa State University’s Center for Agricultural Law and Taxation beat us to it with “Iowa Supreme Court Overrules Key Ag Nuisance Case.”
On June