Here are the links to the cases and other materials that we talked about last Friday at the Georgia Bar Association’s annual Eminent Domain Conference. Our talk was entitled “It’s the Chief Justice’s Property World, We Just Live In It: National Trends in Takings, Property, & Eminent Domain,” and was part of
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New Article: Woolhandler & Mahoney, Federal Courts and Takings Litigation, 97 Notre Dame L. Rev. 679 (2022)
A new article on takings from U. Virginia Law School profs Ann Woolhandler and Julia Mahoney in the Notre Dame Law Review, “Federal Courts and Takings Litigation.” Get the pdf here.
Rather than try and summarize the piece, we’re just going to cut-and-paste the highlights from the article’s Introduction:
While Knick clearly expands…
CA8: Ordinance Making It Really Really Hard To Reject Tenants Isn’t A Physical Taking
Check out the U.S. Court of Appeals for the Eighth Circuit’s opinion in 301, 712, 2103 and 3141 LLC v. City of Minneapolis, No. 20-3493 (Mar. 14, 2022), in which the court held that a Minneapolis ordinance prohibiting property owners from rejecting a prospective tenant because of the applicant’s criminal, credit, or rental history…
CA4: Just Comp Isn’t The Only Remedy For A Taking
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.…
2022 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Scottsdale: You Should Have Been There!
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…
The Circle Is Now Complete: A Sampling Of Final Paper Topics From William and Mary Law’s Eminent Domain & Property Rights, And Land Use Courses
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…
When City Busts A Redevelopment Deal, It Might Face The Wheel (But Not For A Taking)
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…
Links And Materials From Today’s Land Use Institute Takings/Eminent Domain Session
LUI 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…
New Cert Petition: The Self-Executing Fifth Amendment Abrogates 11th Amendment Immunity
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…
Watch: “The Future of Regulatory Takings at the Supreme Court”
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…



