Check this out: according to this article (“This SC man won a Supreme Court case. He wants to know why he can’t talk about it“), David Lucas, the lawyer-property owner behind the big reg takings case Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1993), was apparently not invited to speak
Cert Denied, Denied, Denied, Denied In Property Cases (But Don’t Give Up The Ship Just Yet)
No soup for you!
Update: our colleague Bryan Wenter has his take on one of the cases denied review here (“U.S. Supreme Court Again Declines to Consider Important Property Rights Issue Regarding the Unconstitutional Conditions Doctrine“) (“Because the current composition of the U.S. Supreme Court leans ideologically conservative by any traditional measure and
2018 ALI-CLE Eminent Domain Conference – Agenda And Faculty Now Posted
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
Conflict Check: Hawaii Adds To Lower Court Regulatory Takings Split: Is Leaving Land Vacant On The Hope It Is Worth More In The Future “Economically Beneficial Use”?
This just in: the Hawaii Supreme Court has rendered a unanimous opinion in Leone v. County of Maui, No. SCAP-15-599 (Oct. 16, 2017), a case we’ve naturally been following because it involves regulatory takings (and we were involved in a similar case on a neighboring property).
We haven’t had a chance to review the
2018 ALI-CLE Eminent Domain Conference: Early-Bird Registration Discount Now Posted
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
Cal App: Temporarily Forcing Public Access To Private Property Isn’t A Taking
We get that chicken and egg vibe from the California Court of Appeal’s opinion in Surfrider Foundation v. Martins Beach 1, LLC, No. A144268 (Aug. 9, 2017), a case that has been in the hopper for a while, but due to this-and-that we haven’t gotten around to posting about until now.
Our procrastination has
Cal Eminent Domain Report On The Strange “Martins Beach” Decision
We’ve been offline lately, hanging out at the ABA Annual Meeting in New York, so haven’t had time to post, even though there is a lot to post about.
Thankfully, our colleague Brad Kuhn at the California Eminent Domain Report is on the ball, and has written up his thoughts about the California Court
Brief In Opposition In Public Trust Takings Case
Here’s the Brief in Opposition in Nies v. Town of Emerald Isle, No. 16-1305 (Aug. 11, 2017), the case in which North Carolina property owners are asking the U.S. Supreme Court (cert petition here) to review a N.C. Court of Appeals decision which involves wet and dry sand beaches, the location of the public
A Quarter-Century Of Lucas: What’s Next?
Load this one up for your morning drive, or workout: the Federalist Society’s podcast on “Lucas v. South Carolina Coastal Council at 25.” Featuring Professor Eric Claeys, Professor Michael Wolf, and Pacific Legal Foundation’s James Burling. Well worth your time.
Here’s the description:
This spring marks the 25th anniversary of the U.S. Supreme
California Supreme Court: Accept The Exaction, Or Let Your Home Fall Into The Sea – Your Choice
Winter storms damaged a seawall which protected a blufftop, oceanfront home. The owners, not surprisingly, wanted to rebuild the wall to protect their home. The Coastal Commission, as is its wont, saw this as an opportunity to extract some goodies from the owners. So it granted a limited-term permit to rebuild the wall, conditioned on