In Witman v. City of Billings, No. DA 20-0609 (July 5, 2022), the Montana Supreme Court rejected an inverse condemnation damaging claim after a grease clog in city sewers resulted in 1000 gallons of raw sewage flooding the Witman home. Ugh.
Despite rules that limit what is supposed to go into sewage systems, people
Here’s the latest in a case we’ve been following from when the takings case was rejected by the Court of Federal Claims, and the dismissal affirmed by the Federal Circuit.
Yes, this is the “bump stock” takings case, and the Federal Circuit decision has now triggered a cert petition.
You remember that
By now, you know that the 19th Brigham-Kanner Property Rights Conference is set for September 29-30, 2022, at the William and Mary Law School in Williamsburg, Virginia (register here – space is limited – fee ranges from free to $195 – a bargain!). And you know that our colleague Jim Burling is this
No smoking in Hatu
A short one from the U.S. District Court in Utah, but worth reading because it highlights one of those unresolved issues: the remedy for a “takings” claim.
Now, you’ve heard the Supreme Court describe just compensation as the “default” remedy for regulatory takings and inverse claims. But it isn’t the only
Check it out: a new article from the San Diego Law Review that’s worth reading. Here’s the Abstract:
This Comment explores potential Fifth Amendment challenges to COVID-19 eviction restrictions. Part II introduces California and federal COVID-19 eviction laws and lays out an organizational framework for analysis. Part III provides background on relevant regulatory takings jurisprudence.
A long-ish opinion from the Alabama Supreme Court in Douglas v. Roper, No. 1200503 (June 24, 2022). But a short post because the good stuff is relatively brief.
Bottom line: property owners have a vested interest in excess money generated from a tax sale of their property, and the Alabama legislature cannot prohibit the
Here’s the latest – a cert petition in a case (and an issue) we’ve been following that asks can a government action that is a violation of copyright also be a taking?
Bynum wrote, researched, and edited a book, a biography of Texas A & M’s famed “12th Man” of the football squad.
Here’s what we’re reading today:
Worth checking out: Christopher Serkin, What Property Does, 75 Vand. L. Rev. 891 (2022).
Covering (inter alia) property, rule against perpetuities, adverse possession, Lucas background principles, judicial and regulatory takings, Mahon v. Keystone Bituminous, and vested rights and amortization of preexisting uses.
Here’s the abstract:
For centuries, scholars have wrestled with
In case you have not already obtained your printed copy (you really should subscribe), it is now available in pdf format.
The theme for the issue is “Where Theory Meets Practice,” and with articles on “Property Beyond Flatland,” “Property Rights and the Modern Resurgence of Rent Control,” “Hurdles to Just Compensation,” “Implied Preemption in