Here’s another coronavirus-related complaint asserting a taking.
But unlike other, recently-filed complaints (see here, here, here, here, here, here and here), this one doesn’t object to shut down orders. Instead, it challenges two measures undertaken by local authorities related to the owner/tenant relationship.
To deal with the pandemic, Union
Here’s the latest complaint asserting that a state governor’s business shut-down order (under which certain businesses are deemed “essential,” while others not) is a taking, inter alia, that joins a growing list of similar lawsuits (see here, here, here, here, here and here).
This one is by licensed beauty
Looking for some property and takings scholarly reading while you cool your heels at home? Well, the William and Mary Law Review has recently published no less than three worthy pieces, all available for download.
Join us starting tomorrow, Tuesday, May 12, 2020 for the 34th Land Use Institute. Originally scheduled for April in Tampa, we obviously couldn’t do tha, so we did the next best thing — moved this venerable course online. The Planning Chairs (Frank Schnidman and Dean Patricia Salkin) have assembled the usual hot topics session
Here’s the latest in a case we’ve been following. In Pakdel v. City and County of San Francisco, No. 17-17504 (9th Cir. Mar. 17, 2020), a 2-1 panel of the U.S. Court of Appeals held that a federal takings case was not ripe because the plaintiffs had not sought an exemption (“variance”) from the regulation.
“The Cornfield” at Antietam
Two more complaints that challenge state-ordered shut-down orders as takings. The first from Maryland, the second from across the country in Nevada. These join an ever-growing list of such lawsuits. See here, here, here, here and here, for example.
We set out what we think
Please mark your calendars for Friday, May 15, 2020 at 2:30pm Eastern Time, for the teleforum sponsored by the Federalist Society’s Environmental Law & Property Rights Practice Group, “COVID-19 & Property Rights: Do Government Actions in Response to the Coronavirus Pandemic Create Compensable Takings?”
The issue: how should courts evaluate the claims for
Thanks to a colleague for cluing us in to the first case on the docket today, that brings to mind ferae naturae, Pierson v. Post, and (of course) takings.
In Britton v. Keller, No. 1:19-cv-01113 (D. N.M. Apr. 16, 2020), the U.S. District Court for the District of New Mexico held that