Ripeness | Knick

The complete agenda and faculty list has now been posted on the ALI-CLE website, and early registration is open! Go now and reserve your spot. 

We paid a visit to Charleston recently, the venue for our January 2018 conference, to scout it out. We can report that we’re going to have a great time

ALI-CLE2018

It’s not too early to reserve your spot at the 35th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, to be held at the Francis Marion Hotel in historic downtown Charleston, South Carolina, January 25-27, 2018. 

We’re finalizing the Conference details, but can report that the program will, as usual, feature

It’s no secret: along with a lot of our colleagues, we have thought for a long time that the Supreme Court needs to address the “final decision” prong of the Williamson County ripeness test. Ever since four Justices in 2005 concurred in San Remo Hotel to say so, we’ve been anticipating the case which presents

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Regulato Takings!

A modest but very knowledgeable crowd joined us today at the ABA Annual Meeting in New York for a panel discussion and analysis of Murr v. Wisconsin. Here is the recording of our portion of the presenation (10mb mp3).

Here are links to some of the materials which we and the others

The Connecticut Appeals Court’s opinion in Stones Trail, LLC v. Town of Weston, No. AC 38078 (July 18, 2017), does not offer a lot in terms of substance — it holds that a property owner’s regulatory takings claim based on the Town’s approval of what the owner thought was a subdivision was not ripe

Here’s a newly-filed cert petition which asks the Supreme Court to review a Sixth Circuit decision in which the county auctioned the Church’s property to satisfy a tax lien, then kept the difference between the owed taxes plus costs, and the proceeds from the sale. The court dismissed the claim under Williamson County because it

The Township of Scott, Pennsylvania, apparently has a problem of unregulated cemeteries. Who knew?

So it did what local government do when they think they have a problem, it passed a law. That law, Ordinance 12-12-20-001, required owners of all cemeteries, public or private, to maintain them. The ordinance also contained two troublesome provisions.

Here’s the audio recording of the talk we gave to the ABA Section of State and Local Government Law’s Land Use Committee earlier today. (Some of you may note that in the intro we say the talk was on “June 17,” but since that’s tomorrow, we assume you understand that is just an error.)

The

Update: the audio recording is posted here.

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Here are the links to the cases we mentioned in today’s ABA State and Local Government Law Section presentation, “Takings: Emerging Issues.”

The “Larger Parcel” In Regulatory Takings (and Eminent Domain)