Ripeness | Knick

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For the six-hour-plus roundtrip from Williamsburg to DC for last week’s SCOTUS oral arguments in Knick v. Township of Scott, the only assignment our class had — the ticket for the van ride, so to speak — was that each student was required to make two contributions to our day’s playlist. Otherwise, we’d be

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Seeking A Cause of Action

It has been just under a century since the U.S. Supreme Court first recognized (in the modern era, that is) the regulatory takings doctrine. You might think that the intervening decades would be enough time to allow the Justices, collectively, to have figured out what a cause of action looks like.

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Just out of the Knick arguments. Full report to come later. But for now, these thoughts:

College of Surgeons – D.O.A. I think there’s a consensus to overrule the case to the extent it allows municipalities to remove takings cases to federal court. 

San Remo – On life support. I think also that there may

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I’m not going to do an in-depth preview of tomorrow’s Supreme Court oral arguments in Knick v. Township of Scott, No. 17-647 for several reasons.

First, a lot of others have summarized the issues already, far better than I can. See the list below.

Second, I filed an amicus brief in the case in

Our colleague and co-planning chair Joe Waldo was in town yesterday, so we walked through historic Williamsburg, Virginia (cradle of the Constitution and the Bill of Rights), to invite you to join us for the 36th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference (January 24-26, 2019, in Palm Springs, California).

As we wrote

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Come join us for one of the best conferences on property rights and property law at the 2018 Brigham-Kanner Property Rights Conference, October 4-5, 2018 at the William and Mary Law School in Williamsburg, Virginia.

Register here

We’ve attended and presented at the Conference in past years, including when it went international in

After a short hiatus to allow Clint to set up at his new firm, the Eminent Domain Podcast is back. 

Clint was kind enough to ask me to be his first second-time guest, and we had a wide-ranging discussion: everything from this semester’s teaching assignment at the William & Mary Law School, the

Before last week’s Judiciary Committee hearings on the nomination of Brent Kavanaugh to be an Associate Justice of the Supreme Court, we wrote that the issue of property rights and eminent domain may come up during the hearing, even though Judge Kavanaugh’s actual judicial record on that topic is pretty thin. 

We were busy during

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You’ve known for a while that Palm Springs, California, specifically the Renaissance Palm Springs Hotel (a resort facility, but right in town, so you will have many options for “off campus” activities like art museums, the aerial tram, golf, and whatever suits your fancy, and close-in to the Palm Springs Airport), is the venue