We joined friend and colleague Clint Schumacher for the milestone 50th episode of his essential Eminent Domain Podcast.
If you are not already a subscriber and regular listener, you should be. Clint features interesting guests (present company excepted) and listening in is a good way to keep our community together, especially when many of
OK, takings mavens, what’s your guess on whether a court would conclude there’s been a taking when a state bans “rapid fire trigger activators” (“devices that, when attached to a firearm, increase its rate of fire or trigger activation”)?
Under the law, it is a crime to “manufacture, possess, sell, offer to sell, transfer, purchase
Here’s the amicus brief filed yesterday in a Virginia Supreme Court case we’ve been following.
This is a case at the intersection of property and takings law, and environmental protection. Several Nansemond River oystermen own a lease from the state for the riverbed, which among other things, allows them to harvest some of the
Please plan on joining us on Wednesday, July 22, 2020, at 1pm ET (10am PT) for a long-form program on “Emergency and Police Power: Property Claims in Times of Crisis.”
Our speakers are Professors Craig Konnoth (Colorado) and John Nolon (Pace), and one of the lawyers on the forefront of the nationwide legal
As we noted here, property owners sued the New York governor asserting that one of his emergency measures to respond to the coronavirus crisis (a suspension of eviction proceedings) is a taking.
Yesterday, the District Court denied the plaintiffs’ motion for summary judgment, and entered summary judgment in favor of the governor. Order Denying
The Supreme Court today declined to review a Tenth Circuit decision that held a municipality could not be liable for a taking when its police officers pretty much destroyed a house in the course of dislodging a suspect who had holed up there.
Along with our colleague Bill DeVinney, we filed an amicus brief in
Timothy Harris (Seattle U.) has posted his forthcoming article (Loyola L.A. L. Rev.) about takings and coronavirus shut downs. Well worth a read, and adds to the growing list of scholarly inquiry into the question, which includes Prof. Shai Stern’s “Pandemic Takings: Compensating for Public Health Emergency Regulation,” and our own “Evaluating
Here’s the recording of our webinar from earlier this week, in which we and fellow Honolulu lawyer Jeff Portnoy did our best to address some of the many questions that have arisen during the coronavirus shut-down.
Jeffrey Portnoy and Robert Thomas talked about what we can expect as the state and counties slowly lift
A long opinion, but a short post. In Stanford Vina Ranch Irrigation Co. v. California, No. C085762 (June 18, 2020), the California Court of Appeal held that water rights are not really property rights.
That’s a bit of an overstatement, of course. But not a huge one.
In an inverse condemnation case, the court