Ripeness | Knick

Here’s a really short one from the U.S. Court of Appeals for the Fourth Circuit. Not published, so even shorter than you might expect.

In Virginia Hospital & Healthcare Ass’n v. Kimsey, No. 20-2176 (Mar. 1, 2022), the court rejected the Commonwealth’s argument that the sole remedy for a takings claim is just compensation.

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After a two-year absence in which we went remote, in the last week of last month (our usual spot on the calendar, between the playoffs and Super Bowl), we once again met in-person for the American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference.

Approximately 200 lawyers, judges, legal scholars, appraisers, law students

If you ever get the opportunity to teach in a law school — either as a full-time legal scholar, or part-time as an expert adjunct practitioner — take it if you can. You might think you know a lot about a particular subject, but there’s nothing like spending time at the lectern in a law

A developer alleged that the city didn’t live up to its contractual obligations.

The city thought it would be a good place for a new headquarters for something called “Perfect Game Incorporated.” The usual plans ensued, including agreements between the city, a non-profit redevelopment facilitator, and Preston Hollow, a “finance company that funds economic development

FrankLUI Co-Chair Prof. Frank Schnidman introducing the faculty

Here are the links to the cases and issues that we just finished speaking about at the 35th Annual Land Use Institute (more information on the LUI here). Today was day 1 of a multi-day remote program and the sessions are available ala carte, so there’s still

Here’s the latest in a case we’ve been following (one in which we guessed from the beginning was headed where it is today).

The Zitos claim that their property was taken without compensation. They sued for compensation in federal court. Knick tells us that this is okay, right? Well, the problem for the Zitos is

In case you missed it live, here’s the recording of the recent one-hour program on “The Future of Regulatory Takings at the Supreme Court,” featuring our colleagues Joshua Thompson (Pacific Legal Foundation) and Paul Utrecht (Utrecht & Lenvin, LLP), with Jim Burling (PLF) moderating.

The program discussed Cedar Point Nursery v. Hassid

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There’s still plenty of time to register and join us for the 18th Annual Brigham-Kanner Property Rights Conference at the William and Mary Law School, Thursday and Friday, September 30 and October 1, 2021.

Yes, you may attend in-person, or remotely. The registration fees are very reasonable, ranging from $0 (yes, free!) to $200

All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include:

  • Keynote: Do Animals Have Property Rights?
  • Did the Supreme Court Signal a New Direction in Property Rights in Cedar Point Nursery?
  • Maximizing Relocation Benefits: Understanding the Law and Regulations to Ensure Fairness
  • Challenging Public Use: Lessons

There’s not a whole lot in the U.S. Supreme Court’s order granting an injunction on appeal that suspends application of a part of New York State’s eviction moratorium until such time as a cert petition is filed. The claims in that case are due process claims regarding the deprivation of a hearing, not takings. 

But