It wasn’t going to be too hard to figure out what the U.S. Court of Appeals for the Sixth Circuit was going to do in Lumbard v. City of Ann Arbor, No. 18-1258 (Jan. 10, 2018). After all, the case involved a federal takings claim in federal court, which the district court dismissed because
Stop Making Sense: Knick, Williamson County, And Lessons For Takings From The Dusky Gopher Frog Decision – Are “Takings” Federally Justiciable?
Our final 2018 post focused on what we thought was the biggest case of that year, and which, we’re predicting, will be the biggest case of 2019: Knick v. Township of Scott, No. 17-647, that’s the one in which the Supreme Court is considering whether federal takings claims can be brought in federal court
Wrapping Up 2018, And Previewing 2019’s Most Important Case: Final Briefs In Knick v. Township Of Scott
We’re going to end 2018 with the latest in what we think was the most important issue of the past year (and which, we predict, will be the most important case in takings law for at least a decade when it likely gets decided in 2019), Knick v. Township of Scott, No. 17-647.
That
Space Remaining Is Limited – Register Now For ALI-CLE Eminent Domain And Land Valuation Litigation Conference (Palm Springs, Jan. 24-26, 2019)
We’re almost there, but we still have room remaining. At the 2018 Conference in Charleston, we both sold out the registrations and the conference hotel, so we planned ahead for the upcoming 2019 Conference in Palm Springs at the Renaissance Palm Springs Resort.
Register here. You will also be able to download
Ninth Circuit: Inverse Condemnation Plaintiff Must “Share The Pain” – City Can Shed Obligation To Pay Just Compensation In Bankruptcy, Which Is “Purely A Monetary Claim”
Today’s post is long, but, we think, worth the investment of your time.
Bankruptcy is the way to get rid of debt. Plaintiffs who have sued the debtor but who have not reduced the lawsuit to a judgment are unsecured creditors. Unsecured creditors for the most part, go to the end of the payment queue
Link’s From Today’s Eminent Domain Conference (Scottsdale)
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
Knick’s Supplemental Reply Brief: Injury To Property Triggers Right To Come To Federal Court
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)
End Of The Term For Law 608: Eminent Domain And Property Rights
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
Township’s Supplemental Brief In Knick: This Is A Statutory, Not Constitutional, Issue
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
SG’s Supplemental Knick Brief: No Fifth Amendment Violation If Govt Does Not Admit To A Taking, But Property Owners Should Still Be Able To Come To Federal Court Anyway To “Vindicate” The Right To Compensation
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