Today, we’re featuring a post written by our Tennessee colleague, economist William Wade. He writes about the Massachusetts Court of Appeals’ recent decision in Smyth v. Conservation Comm’n of Falmouth, and the more recent cert petition in that case. Bill writes and comments frequently on takings cases. See, e.g., William W.
Get Ready: The 2020 ALI-CLE Eminent Domain And Land Valuation Litigation Conference Agenda Coming Soon
The final agenda and faculty list will soon be officially published, but we wanted to give you a preview of what is in store at the ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 23-25, 2020, at the Nashville Hilton (downtown, just a few steps away from everything that Nashville has to offer).
Don’t
Hic Sunt Dracones – New Cert Petition Argues Penn Central Results In “Inconsistent,” “Unprincipled,” “Amorphous,” “Illegitimate” Decisions
You know where this is.
Here’s the cert petition filed recently in a case we’ve been tracking. (See also this guest post by economist Bill Wade about that case.)
As the above photo tells you, this one is going into what may the last truly unexplored frontier of regulatory takings law, the details
Tuesday Takings Round-Up: Alien Takings; Zombies; Kelo, Philippines-Style; Kafka
Here’s what we are reading this Tuesday:
- Could Eminent Domain Be The Zombie Mall Slayer? (Barista’s note: any time we see use of the eminent domain power bandied about as the solution to problems other than the lack of roads and post offices, we get nervous.)
- RTC: Eminent domain can be delegated to private entities
Law 608: Eminent Domain And Property Rights – Season 2
We’re about to get underway with the fall semester at William and Mary Law School, where we’re again teaching an upper-division course, Eminent Domain and Property Rights.
We’ve more than doubled the size of last year’s enrollment, so it looks like the word is getting out. We cover not only eminent domain and
Anthony Palazzolo Drives His Property
Check this out. What at first appears to be something along the lines of the grainy Zapruder film (this particular piece was recorded on video, not film, and certainly well before the days of high-res camera phones that we now take for granted) is an important piece of takings history.
It is (the late) Anthony
FedSoc Blog: “After More Than 30 Years, the Supreme Court Reopens the Door To Federal Takings Claims”
Here’s our Federalist Society blog post on Knick, “After More Than 30 Years, the Supreme Court Reopens the Door To Federal Takings Claims.”
Check it out, takings fans.
Oregon Hardens “Background Principles” Public Trust Firewall In Lake Access Case
People like to go to lakes. Lakes are nice. Especially in the summer. Especially Oswego Lake, Oregon (former name “Sucker Lake” — not an auspicious start). Problem is, most of the land surrounding the lake is private property. Some is owned by the municipality, but it limits access to residents of the municipality.
Amicus Brief: State Takings Claims Are Constitutional (Not Torts); Adverse Possession Statute Of Limitations Is Nearest Analogue
Here is the motion asking the Hawaii Supreme Court for leave to file an amicus curiae brief (and the proposed brief) we filed earlier today in a case we’ve been following.
The question is the applicable statute of limitations for regulatory takings claims under the Hawaii Constitution’s “takings or damagings” clause. The case started
New Land Use Law Blog To Follow: Merriam’s Corner (“Life, Liberty, and the Pursuit of Land Use”)
Land users and dirt lawyers know Dwight Merriam. (And if you don’t, you are not really a land user, are you?)
He’s won landmark cases (has even beaten Yours Truly in one of those cases way back in the day). Written tons of articles and books. Edits Rathkopf. Contributes to Nichols. Mentored multiple generations