As we noted here (“SCOTUS Denies Review To Remaining Rent Control Takings Petitions: “Important and pressing question” (Just Not In This Case)“), a small silver lining in the Court declining review was the statement of Justice Thomas accompanying the denial, where he noted the issue is an “important question,” and set out a
Thursday Round Up: Pretextual Takings, Squatting, Unconstitutional Conditions
Here’s what we’re reading today:
- Michael Berger, “Is a taking based on pretext constitutional?,” Daily Journal (a take on the Second Circuit’s recent decision holding that a property owner could not assert a pretext claim where the allegedly pretextual use did not confer a private benefit.
- Christian Britschgi, “Are ‘Squatters’ Rights’ Out
Lawprof Ilya Somin: “Squatters’ Rights Laws Violate the Takings Clause”
Check this out: lawprof Ilya Somin has posted “Squatters’ Rights Laws Violate the Takings Clause” at Volokh.
His thesis is just as the title suggests, arguing that state statutes that treat trespassers as tenants are government-authorized physical occupations, and thus are takings:
Ideally, state and local governments should make it easy for property
NY App Div: Inflation, Bah! Rent Gets Cheaper In Kingston!
New York state, as you might already know, regulates the rent an owner of residential property may charge to a tenant. Under a statute adopted in 1974, regulation is triggered by a locality’s declaration of a housing emergency, and the restrictions extend for the duration of the declared emergency. Most famously — or infamously —
Interview – Professor Richard Epstein On Rent Control: The Powers-That-Be Don’t Take The “Exit” Option Seriously
Be sure to check out this interview (“Rent Control Is a ‘New York Tragedy’“) on Hamodia, with law Professor Richard Epstein.
As you might expect, the interview is full of insights and bon mots. There’s even a reference to the judicial takings case, Stop the Beach Renourishment. And a lot of things
Pass A Good Time: Our Report From The 41st ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Feb 1-3, 2024, New Orleans
When it comes to the longstanding ALI-CLE American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conferences, we’re always ready to go. You know that. But this year’s version — the 41st — was buzzing like no other in recent memory.
Maybe it was the New Orleans venue with its atmo, food, and music for
2024 Distinguished Gifford Property Lecture – Professor Carol N. Brown (Richmond Law) (March 12, 2024, U. Hawaii Law School)
Join us and our Land Use class, in-person on the campus of the University of Hawaii Law School (or online via Zoom, where it will be livestreamed), as Richmond Law lawprof Carol Brown delivers the 2024 Distinguished Gifford Lecture in Real Property, on March 24, 2024, at 4:40 p.m. Hawaii Time in the Cades
SCOTUS Denies Review To Remaining Rent Control Takings Petitions: “Important and pressing question” (Just Not In This Case)
Yesterday, the other shoe dropped. In this order the U.S. Supreme Court denied review to a case that we’ve long been following, which challenged aspects of New York’s draconian rent control laws as a taking, 74 Pinehurst v. New York.
We say the “other shoe” because ever since the Court denied review months
Peace Out: CA9 OK’s Pre-Enforcement Challenge To Rent Control Statute
Check out the U.S. Court of Appeals’ opinion in Peace Ranch, LLC v. Bonta, No. 22-16063 (Feb. 13, 2024), where the court concluded that the owner of a mobilehome park could bring a federal court challenge to a California statute, even before the state applied the statute and enforced it.
There’s a mobilehome park