If my colleagues don’t wise up and change their minds before August, I am slated to become Chair of the ABA’s Section of State and Local Government Law (which, by the way, includes an Eminent Domain Committee, Chaired by Howard Roston, and co-Chaired by Kelly Walsh and John Peloso). On Friday, August 11, at
Vested rights
New Article: “Property” And Investment-Backed Expectations In Ridesharing Regulatory Takings Claims
Earlier this year, I had the honor of moderating a panel speaking about transportation sharing legal issues at the University of Hawaii Law Review‘s sharing economy symposium. The editors have been hard at work since, and the symposium issue is being printed as we speak.
They also permitted me to pen this little missive, …
Justice Kennedy’s Social Justice Warrior Test For Takings Clause “Property” In Murr v. Wisconsin
What to make the Justice Kennedy-authored 5 justice majority opinion in Murr v. Wisconsin, No. 15-214 (June 23, 2017)?
There, the majority adopted — maybe “created from whole cloth” would be a more accurate description — a multifactor test for determining the “larger parcel’ or “denominator” in regulatory takings cases where the owner possesses…
SCOTUS Argument Preview: Does Fee Simple Absolute Mean Anything? The “Larger Parcel” Issue In Regulatory Takings
As takings mavens are no doubt already aware, next Monday, the 8-Justice Supreme Court will hear arguments in Murr v. Wisconsin, the regulatory takings case which asks whether the county can avoid application of the Lucas wipeout standard on one parcel by taking advantage of the fact that the plaintiffs also own the…
Monday Links: Murr SCOTUS Preview, Mass. Reg Takings Verdict, Great Wall Of America, Train Takings
Here’s what we’re reading this Monday:
- Preview of SCOTUS oral arguments in Murr v. Wisconsin. This is the “larger parcel” case which will be heard next Monday, March 20. The Cato Institute is having a session on it at its DC facility, “Rethinking Regulatory Takings.” If you can’t be there in-person,
…
U. Hawaii Law Review Sharing Economy Symposium (Feb. 17, 2017)
This year, the University of Hawaii Law Review is devoting one of its issues to a symposium on issues related to the sharing economy.
On Friday, February 17, 2017, the law review is sponsoring a series of presentations from 9:00 am – 4:30 pm at the law school (lunch included if you RSVP ahead…
2017 ALI-CLE Eminent Domain Conference Wrap, 2018 Venue Announcement
When we previewed the 2017 ALI-CLE Eminent Domain & Land Valuation Litigation Conference while we were getting buried in the snow a couple of weeks ago, we promised there would be better weather in San Diego than much of the country was then experiencing. As you can see, we delivered.
We — and by…
Day 1, 2017 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, San Diego
Here are the links and references to the cases we spoke about today at our opening session on the national trends in eminent domain law at the 2017 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in San Diego.
We again have a record attendance, and a good number of new attendees. If you aren’t…
Notes And Links From Today’s Hawaii Land Use Conference Session On Reg Takings
To supplement your written materials for the 2017 Hawaii Land Use Conference, here are the decisions and other materials which we spoke about this morning at the 2017 Hawaii Land Use Conference:
- Leone: Hawaii Supreme Court oral arguments in “economically beneficial use” case.
- CNMI: Compensation Delayed, Is Justice Denied
- Our colleagues’ recent
…
Mark Your Calendars: The Land Use Institute Is Returning – February 1-2, 2017, Miami
After a short absence and a change of lead sponsor (from ALI-CLE, to the American Bar Association’s Section of State and Local Government Law), the Land Use Institute is back on.
Download the print brochure here, or visit the LUI web site for more. It will be held February 1-2, 2017, in Miami…





