Following up on the petition, filed last Friday, asking the Virginia Supreme Court to review a trial court’s demurrer which failed to recognize that the owners of a state lease to harvest oysters in the Nansemond River have a property interest . The court concluded that the city and santitation district possess a superior
City: We Have The Right To Pollute – Virginia Oystermen’s Petition Asserting A Taking
Just filed: this Petition for Appeal in a case which our William and Mary Law class has a special interest in.
The above photo was taken a couple of weeks ago, when we paid a visit to the property owner/plaintiffs, the owners of a long-standing oyster business operating out of the City of Suffolk, Virginia.
Don’t Miss Out: Join The “Big Guns” And Secure Your Space At ALI-CLE’s Upcoming Eminent Domain & Land Valuation Litigation Conference (Jan 23-25, 2020, Nashville)
We were not as creative as our colleague Paul Henry (see below), but our Planning Co-Chair Joe Waldo and I wanted to personally invite you to join the “big guns” in our area of law at the 37th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 23-25, 2020, in Nashville, Tennessee.
We’ve
What Is The Original Public Meaning Of The Fifth (And Fourteenth) Amendments?
Here’s the video of (most, but not all of) the recent session featuring four lawprofs discussing “Originalism and Constitutional Property Rights” at the Federalist Society lawyers’ meeting.
Interesting debate, all about the text of the Fifth and Fourteenth Amendments, the “original public meaning of the Takings and Due Process clauses, and all that
Latest In SCOTUS Penn Central Cert Petition
Here’s the latest in a case we’ve been following for a while, Smyth v. Conservation Comm’n of Falmouth, No. 19-223 (cert. petition filed Aug. 16, 2019).
The petition seeks review of a Massachusetts decision which held that a judge, not a jury, determines Penn Central takings questions, and also that the owner lost anyhow
New Federal Court Complaint: State’s Rent Control Is A Taking
Check this out: the Complaint, filed a couple of days ago in federal court against the State of New York (and others), that alleges the state’s recently-adopted rent control regulations is a taking (among other claims).
It’s a long complaint so we shall leave it to you to delve into the details yourselves. Most
Washington (State) Supreme Court: All Those Opinions In Which We Held That Our Property Owners Have Greater Protections Under The State Constitution Were Just “Confused”
We add a flowchart to this post because the Washington Supreme Court on page 15 of its opinion in Yim v. City of Seattle, No. 95813 (Wash. Nov. 14, 2019) (em banc) (Yim I), includes a flowchart that purports to solve the regulatory takings puzzle once and for all.
Really.
You should
Regulatory Takings Lawyers: Why You Should Pay Attention To The DACA Case
Yesterday’s Supreme Court arguments in what is known as the “DACA case” would normally not be something we’d cover on this blog. Yeah, the issue of whether the executive branch has the power to unwind (or, as the cert petition puts it to “wind down”) a prior administration’s executive actions is interesting and
New Fed Ct Complaint: City’s And California’s New Rent Control Laws Are Takings
Check this out. The Complaint that we’ve been meaning to post for a while, filed last month in a Los Angeles U.S. District Court, alleging that California’s new rent control laws are a taking, among other things.
Are rent control laws takings? Yes, pretty sure about that. But will courts conclude that they are takings?
Oral Argument In Michigan “Keep The Change” Takings Case
Here’s the OA video (courtesy of the Michigan Supreme Court) from last week’s arguments in what we’re calling the “keep the change” case.
That’s the one where the government is arguing that after a property owner was late paying $8.00 in property taxes, the government is not only entitled to foreclose on the property, but