If you get this, you need to attend the 37th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference, January 23-25, 2020, in Nashville.
And if you don’t get this, you need to attend more.
Tex App: City Ordinance Prohibiting Short-Term Rentals Unconstitutional
We’ve been meaning to post the Texas Court of Appeals’ opinion in Zaatari v. City of Austin, No. 03-17-00812 (Nov. 27, 2019) for some time.
The City of Austin adopted an ordinance that, among other things, prohibited short term rental of a residence that is not also owner-occupied, barred certain activities (such as weddings)
New Cert Petition From The Knick Team: You Can Sue A State For A Taking In Federal Court
Here’s the cert petition, filed today (by the same folks who brought you Knick v. Township of Scott, 139 S. Ct. 393 (1922)), which poses this straightforward question:
Whether the “self-executing” Just Compensation Clause abrogates a State’s Eleventh Amendment immunity, allowing a property owner to sue the State for a taking of property.
Harvey Flood Takings Round-Up
Here are some of the stories and analysis about yesterday’s ruling by the Court of Federal Claims holding the federal government liable for a taking for the flooding following Hurricane Harvey in the Houston area:
- Lawprof Ilya Somin (always insightful, always useful) (Volokh) – Court Rules Federal Government Flooding of Homes During Hurricane
CFC: “Calculated” Hurricane Harvey Flooding Is A Taking – But Will Decision Survive Federal Circuit Review?
We won’t go into the details of the Court of Federal Claims’ opinion and order in In re Upstream Addicks and Barker (Texas) Flood Control Reservoirs, No. 17-9001L (Dec. 17, 2019), since it is 46 single-spaced pages long. You can (and should) read the entire thing. But we shall highlight of a few of
NC Supreme Court Considers Just Compensation For Formerly Indefinite–But Now Temporary–“Map Act” Takings
This time last week, we were sitting in the North Carolina Supreme Court’s (very beautiful) courtroom, above, having just observed oral arguments in a case we’ve been following for quite a while, Chappell v. NCDOT, No. 51PA19 (docket here).
This case is the follow up (after remand) of the N.C. Supreme Court’s
If You Build It, It Might Be A Zoning Violation: No Taking, No RLUIPA Violation When Zoning Limited Lights On Religious School’s Baseball Field
Check out Marianist Province of the United States v. City of Kirkwood, No. 18-3076 (Dec. 13, 2019), for the U.S. Court of Appeals’ handling of RLUIPA and (state law) takings claims stemming from the city not allowing a religious school to light up its baseball field.
Today’s a busy day, so we won’t delve
Takings Maven Prof Epstein Weighs In On Latest SCOTUS Judicial Takings Case: Owners Had A “Legitimate Claim Of Entitlement” To Rent Decontrol
Here’s the latest on the judicial takings/rent control case which we’ve been following.
This is the case where New York property owners assert that the N.Y. Court of Appeals’ decision which concluded that the luxury apartments (which were never formerly subject to rent control) are now governed by the Rent Stabilization Law. This
What’s At 712 4th Street, S.W., Washington DC? Your Invite To The 2020 ALI-CLE Eminent Domain Conference (Jan 23-25, Nashville)
We Join IJ’s “Short Circuit” Podcast To Talk Virginia Oyster Takings, Colorado Wild Eminent Domain Abuse Cert Petition, And Berman International
Yesterday, our friends and colleagues at the Institute for Justice (Diana Simpson and Bob McNamara) welcomed us to their studios to record an episode of the “Short Circuit” podcast.
We talked property, takings, Virginia oysters, the cert petition about Colorado eminent domain abuse, and how the Supreme Court of the