Check this out: Pepperdine lawprof Shelley Saxer has a piece in Jotwell, “The Impact of Knick on Regulatory Takings and Those Pesky Lucas Exceptions,” a review of U. Hawaii lawprof David Callies’ book, “Regulatory Takings After Knick.”
The review is short and to the point, so we suggest you read
In City of Baytown v. Schrock, No. 20-0309 (May 13, 2022), the Texas Supreme Court held that it isn’t a taking when a city, in violation of state law, cuts off utility services to property.
The issue, as the court restated it, was “whether a claim of economic harm to property resulting from the
After the U.S. Supreme Court in Cedar Point Nursery reminded everyone that the Court’s longstanding focus on the right to exclude others as one of the most fundamental of property rights is as fresh today as it ever was (see Kaiser Aetna (uninvited boaters), Loretto (cable TV box), Nollan (beachcombers) and
Anyone who reads this blog regularly knows Tiburon, California, even if you’ve never stepped foot there. Yes, that Tiburon. Well, the beat goes on: the Agins litigation wasn’t the only time that the town and its residents combined forces to try and draw up the drawbridge and prevent the building of more
It’s back! After a hiatus on the in-person program, the bi-annual Hawaii Land Use Conference is back in-person (see here for a sample of one of our prior presentations at this conference).
May 25 and 26, 2022, downtown Honolulu.
The full agenda and speaker list has not yet been published, but here’s a summary
A new article by lawprof Bethany Berger, “Property and the Right to Enter,” criticizing the Supreme Court’s ruling in Cedar Point Nursery. The article builds on the amicus brief in the case, also authored by Prof Berger.
Here’s the Abstract:
On June 23, 2021, the Supreme Court decided Cedar Point Nursery v. Hassid, holding that laws that authorize entry to land are takings without regard to duration, impact, or the public interest. The decision runs roughshod over precedent, but it does something more. It undermines the important place of rights to enter in preserving the virtues of property itself. This Article examines rights to enter as a matter of theory, history, and constitutional law, arguing that the law has always recognized their essential role. Throughout history, moreover, expansions of legal exclusion have often reflected unjust domination antithetical to property norms. The legal advocacy that led to Cedar Point continues this trend, both undermining protections for vulnerable immigrant workers in this case, and succeeding in a decades long effort to use exclusion as a constitutional shield against regulation.
Definitely worth reading.
Continue Reading New Article (Bethany Berger): “Property and the Right to Enter”
Here are the links to the cases and other materials that we talked about last Friday at the Georgia Bar Association’s annual Eminent Domain Conference. Our talk was entitled “It’s the Chief Justice’s Property World, We Just Live In It: National Trends in Takings, Property, & Eminent Domain,” and was part of
A new article on takings from U. Virginia Law School profs Ann Woolhandler and Julia Mahoney in the Notre Dame Law Review, “Federal Courts and Takings Litigation.” Get the pdf here.
Rather than try and summarize the piece, we’re just going to cut-and-paste the highlights from the article’s Introduction:
While Knick clearly expands
Another takings challenge to a Co-19 shutdown, another “no taking” result.
This time, it is from the Florida District Court of Appeal (Fifth District). In Orlando Bar Group, LLC v. Desantis, No.5D21-1248 (Apr. 8, 2022), the court affirmed dismissal of takings challenges to the governor’s emergency order that barred certain alcohol sales, and
Here’s the latest case challenging a pandemic-related eviction moratorium, this one from Minnesota and the U.S. Court of Appeals for the Eighth Circuit.
In Heights Apts, LLC v. Walz, No. 21-1278 (Apr. 5, 2022), the court reversed the district court’s dismissal of a property owner’s takings claims. The owner challenged the Minnesota governor’s residential