Regulatory takings

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A very good and active crowd for today’s Eminent Domain Conference (CLE International) in Scottsdale, Arizona. It was good to visit with some old friends, and also to get to meet some new colleagues.

Our talk focused on national trends, and this year’s most interesting condemnation and takings cases. Here’s the links to the cases

Here’s the final brief for Ms. Knick, replying to the Township’s and the Solicitor General’s supplemental letter briefs.

It’s very short, so you should read it yourself. But here’s what we think is the highlight:

Williamson County is irreconcilable with the traditional view that a Takings Clause claim accrues (and is actionable in federal court)

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With the first snow of the season beginning to fall in Williamsburg, today was the final day of classes at the William and Mary Law School. Which means that my time serving as the inaugural Joseph T. Waldo Visiting Chair in Property Rights Law is beginning to wrap up. There’s still the reading period, exams

Here’s the third (and final) supplemental letter brief in Knick v. Township of Scott, No. 17-647 (which is set for reargument before the Supreme Court next month).

Of course, you should not be surprised that the Township disagrees with both Ms. Knick’s arguments, as well as the SG’s supplemental brief, and

As we wrote in this post, the federal government”s position in Knick v. Township of Scott, No. 17-647, which is set for reargument next month, has us a bit perplexed.

On one hand, the SG’s bottom line is good: property owners can bring their takings claims against local governments in federal as

Here’s the supplemental letter brief, filed today on behalf of Rose Mary Knick, as requested by the Supreme Court

Two more — by the Township and by the SG — to be filed today as well. We shall post those as they become available. 

Letter Brief of Rose Mary Knick, Knick v. Township

Here’s the Petition for Review we’ve been waiting to drop since last week’s ruling by a California Court of Appeal declining to review the California PUC’s decision to turn down the electric company’s request for a rate increase to cover the compensation and damages that it must pay as the result of a southern California

They’re going back, to reargue the case with a full contingent of justices. In the January oral argument calendar published yesterday, the Supreme Court gave us the date and time: 

Wednesday, January 16, 2019, at 10:00 a.m.

We will be there, and will bring you our thoughts.  

Supreme Court Argument Calendar January 2019 

Reading the fact section of the Federal Circuit’s recent opinion in Katzin v. United States, No. 16-2636 (Nov. 19, 2018), will make your eyes glaze over. It’s all about some property on an island near Puerto Rico, and is full of maps, diagrams, history, and even a photo of some “Keep Out” signs the

Get ready. In this and upcoming posts, we’re going to be featuring the items on our agenda for the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 24-26, 2019, in sunny Palm Springs, California. 

ALI-CLE has released the brochure, which those of you on the mailing list should have received —