Yes, it starts tomorrow, Thursday, January 28, 2021, but we’re “remote” this year, so it is not too late to register to join us for the 38th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference. This is the “big one” where the nation’s best practitioners, scholars, jurists, and other industry professionals gather to talk
Regulatory takings
CA9: Property Owner’s Hawaii-And-Federal-Law Takings Claims Are Timely
No surprises in the latest in a case we’ve been following.
After the Hawaii Supreme Court’s decision concluding that the statute of limitations for Hawaii-law takings claims is six years (not the shorter limitations period argued by the State), the Ninth Circuit, as expected, today concluded in this short (3-page) unpublished memorandum opinion that the…
New Complaint: Shutdown Is A (California) Taking Or Damaging Of Wine Country Restaurants
Here’s the latest complaint in a long train of complaints alleging that a COVID-related shutdown or moratorium is a taking or damaging of private property for public use.
This time, it’s from Northern California wine country (Napa County Superior Court, to be specific), and the taking claims (skip to page 19 if you want to …
PASH Bash: U. Hawaii Law Review Symposium – “25 Years of PASH” (Feb. 5, 2021)
Mention the term “PASH” to any dirt lawyer in the 50th State, and they’ll nod in understanding. It’s an 808 shibboleth — a kind of local property password — that signals that you’ve been around the block and know your stuff.
On one hand, it is simply an acronym for Public Access Shoreline Hawaii, the…
The PA Gong Show: No Taking When Gov’t Exercising Police Power (Say What?)
There are two main rationales supporting the Pennsylvania Commonwealth Court’s opinion in Pileggi v. Newton Township, No. 1279 CD 2019 (Jan. 5, 2021), holding that the Township’s denial of a permit was not a taking. The first, in our view, is simply wrong. The second is perhaps more supportable, but still troubling.
This is…
Your 2021 ALI-CLE Eminent Domain & Land Valuation Litigation Conference (Jan 28-29, Remote) BINGO Card
If you “get” this, you should be registered for the 38th Annual Eminent Domain & Land Valuation Litigation Conference, to be held remotely on Thursday and Friday, January 28-29, 2021.
The list is growing rapidly, and you need to join us!
This is the “big one” where the nation’s best practitioners, scholars, jurists, …
No Shortage Of Amicus Briefs In SCOTUS Physical Invasion Takings Case
If you are lacking good things to read, fear not: thanks to amici curiae, you now have boocoo merits-stage friend-of-the-court briefs (16!) on your plate.
This is the case in which the U.S. Supreme Court is considering the nature of physical invasion takings, and how permanent a permanent intrusion must be in order to qualify…
Law Students: Register Free For The 38th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference (Jan 28-29, 2021)
Are you a law student interested in takings, eminent domain, land use, environmental, and other dirt-lawyering related topics? If so, good news: thanks to the generosity of ALI-CLE, you can register gratis (free!) for the upcoming 38th Annual Eminent Domain & Land Valuation Litigation Conference, to be held remotely on Thursday and Friday, …
CA6: It’s Property, Not Standing, In Federal Takings Cases
As we surmised when the Supreme Court in Knick reopened the door to the federal courthouse for federal takings claims, those of us who do this stuff would be wise to dust off the Federal Courts treatises that we’d put on the high shelf on the bookshelf since Williamson County.
The Sixth Circuit’s…
Eminent Domain Podcast’s Preview Of The Upcoming ALI-CLE Eminent Domain & Land Valuation Litigation Conference
Our thanks to Clint Schumacher for having us on his program to talk about the upcoming Conference. We’re “remote” this year, but that means a different approach to our presentations (and a very modest tuition!).
We’re having programs with intriguing subjects such as “Planning to Win: Practical Strategies for a Successful Inverse Condemnation Case,”…



