Sorry, we could not resist this one, based on a meme which continues to make its way around the interwebs. We’ve tailored it for takings nerds. You know who you are.
Ripeness | Knick
There’s Still Time To Join Us In Detroit: 32d Annual Land Use Institute
Space is filling up, but there’s still time to join us later this month in Detroit for the 32nd Annual Land Use Institute (April-19-20).
We’ll let program Planning Chair Frank Schnidman explain all the reasons why, and we’ll add only these points: (1) it’s a very good program that won’t take much of your time…
The Paper Chase Is On!
This fall, I’ll be teaching a new course at the William and Mary Law School in Williamsburg, Virginia.
Here’s the description of Property Rights: Law and Theory (Law 608) from the course catalog:
Property rights and property theory have been essential components of Anglo-American law for centuries, and the protection of the right of…
April 19-20, 2018: Land Use Institute, Detroit (Printable Brochure)
Here’s the printable brochure with the details on the 32nd Annual Land Use Institute in Detroit, April 19-20, 2018. We’ve plugged the program before so we won’t do so again, except to say that you really should attend because (1) it’s a very good program that won’t take much of your time (fly in for …
New Cert Grant: Overrule Williamson County’s Exhaustion Of State Procedures Requirement?
The last time the U.S. Supreme Court faced Williamson County in a merits case, the property owners made the mistake of not challenging that case’s “state procedures” requirement directly. An exchange with Justice O’Connor went like this; from the transcript:
Justice O’Connor: And you haven’t asked us to revisit that Williamson County case, have…
ALI-CLE Eminent Domain Conference, Third Day: Berger And Burling On Takings
We’re on our third day at the 2018 ALI-CLE Eminent Domain and Land Valuation Conference in Charleston, SC, and as usual, we’re having our headline presentations by takings guru Michael Berger (pictured above), who is updating us on the most interesting and important cases of the past year, and Jim Burling, who will…
ALI-CLE Eminent Domain & Land Valuation Conference – In-Person Registration SOLD OUT (But You Can Still Join By Live Webcast)
Our upcoming American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference in Charleston, South Carolina has SOLD OUT our in-person registrations.
We will have a record attendance (with over 100 first-time attendees) and the conference hotel has informed us that we can fit no more people in the meeting rooms. We cannot remember this…
First Post-Murr Cert Petition
Here’s the first post-Murr cert petition (as far as we can tell), in a case we’ve been following. As we wrote in “The First Post-Murr Case? Fourth Circuit: No Taking Because Anti-Development Merger Regulations Actually Make Property Developable,” the Fourth Circuit concluded:
[T]he County’s regulations were run-of-the-mill zoning/land use ordinances, and thus…
Williamson County, Federalized: No CFC Tucker Act Jurisdiction Because Owner Didn’t Exhaust Agency Procedures
One word is conspicuously absent from the Federal Circuit’s opinion in Alpine PCS, Inc. v. United States, No. 17-1029 (Jan. 2, 2017): “exhaustion.”
We all know that exhaustion of administrative remedies isn’t usually required before bringing a constitutional takings claim, but make no mistake — despite the absence of the word in the opinion…
Williamson County Farce: 11th Circuit Bounces Case Removed From State Court, Because Plaintiff Didn’t Seek Compensation In State Court
A short one, an unpublished and unsigned opinion from the U.S. Court of Appeals for the Eleventh Circuit, Warner v. City of Marathon, No. 16-10086 (Dec. 8, 2017).
As the title of this post indicates, the claims made by the plaintiff included a regulatory takings claim. The facts and details of their claims are…




