Regulatory takings

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Here is a transcript of the remarks I delivered today at the 2019 Brigham-Kanner Property Rights Conference. I was honored to join lawprof Henry Smith and Florida Supreme Court Justice (ret.) Ken Bell (who authored the Florida court’s opinion in Stop the Beach Renourishment which was challenged in SCOTUS as a “judicial taking”) to speak

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Today’s the kickoff events for William and Mary Law School’s Brigham-Kanner Property Rights Conference. We started the day with eminent domain and property law attorneys speaking about the practice of law (pictured above, Justin Hodge (TX) and Christian Torgrimson (GA)).

Toronto’s Shane Rayman and I spoke about international and comparative property and eminent domain

If you didn’t know takings, and just had to venture guess whether a court would ever conclude that the outlawing of “bump stocks” (a device which attaches to a semi-automatic rifle and makes it cycle really quickly so that it works somewhat like a fully-automatic rifle) was a taking, what would you say?

Last week, along with Bob Grace, I (Robert (don’t-call-me-Bob) Thomas), was a guest on Clint Schumacher’s Eminent Domain Podcast. Stream it above, or download it here.

Clint and I had a wide-ranging discussion that centered on the recent trend of limiting short-term rentals, the legal pushback, and (of course) takings. We discussed

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Chief Justice Marshall (L) and Professor Wythe (R) request the pleasure of your company at the 16th Brigham-Kanner Property Rights Conference at the William & Mary Law School, in Williamsburg, Virginia, Thursday and Friday, October 3-4, 2019. Register here, and make your plans to join us. 

The Conference’s main event is the awarding of

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Here’s the amici brief we are filing today in support of the Petitioner in a case we’ve been following, Smyth v. Conservation Comm’n of Falmouth, No. 19-223 (cert. petition filed Aug. 20, 2019). 

The Massachusetts Court of Appeals held that a judge, not a jury, determines Penn Central takings questions, and that the

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Takings mavens know lawprof Ilya Somin. Among other things, he’s authored some of the more interesting and useful scholarship in our field.

Here’s his latest, published in the 2019 Cato Supreme Court Review, about the Supreme Court’s latest takings case, Knick v. Township of Scott

We naturally recommend you read the entirety

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You overwhelmingly asked for Nashville, and we’re bringing it to you!

Get ready, and hold your place now: here’s the list of programs and speakers for the 36th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, to be held at the Downtown Nashville Hilton, January 23,- 25, 2020. Two-and-a-half days with top-notch national

Here are the final briefs in the cert process in a case we’ve been following.

In In Guerin v. Fowler, 899 F.3d 1112 (9th Cir. 2018), a three-judge panel of the Ninth Circuit held that Washington state officials’ failure to return daily interest that was allegedly skimmed from the plaintiffs’ state-managed retirement accounts could

For many years, a tenant had a month-to-month lease from Baltimore for a space in one of the city’s public markets. One day, the market sent the tenant an email informing it that it no longer “fit in the [redevelopment] plans,” and that it should “pursue other options.” The tenant took that as “get