When we first read the U.S. Court of Appeals’ opinion in PEM Entities, LLC v. County of Franklin, No. 21-1317 (Jan. 5, 2023), our reaction was one of skepticism. After all, at first blush, the court seemed to have concluded that in order to possess a property right protected by the Takings Clause, the
Md App: If You Want To Overturn The Amortization Doctrine, Take It Upstairs
You know the “amortization” doctrine: when an existing legal use is declared illegal, the government can avoid a takings claim by slowly phasing out the use, supposedly to allow the owner to recoup investment. The doctrine is established in Maryland by Grant v. Mayor and City Council of Baltimore, 129 A.2d 363 (Md.
The Good The Bad And The Ugly: There’s Something For Everyone In This Florida Takings Opinion
Here’s the latest from a case we’ve featured here before.
There’s something for everyone in the Florida District Court of Appeal (Second District)’s opinion in Jamieson v. Town of Fort Myers Beach, No. 2D21-2722 (Dec. 29, 2022).
Let’s start with the outcome: the court reversed the trial court’s summary judgment in a wetlands
Fireside Podcasts: Eminent Domain Podcast’s Holiday Special 2022, And APA’s Talk With Nolan Gray
This week is light for many of you, so instead of the deep and insightful analysis of recent decisions that we’re known for (ha), we instead recommend to you two podcasts to warm the chilly nights.
So fire up the hearth, strap on those earbuds, and listen away.
First up, what is quickly becoming a
CA9: Land Use Is A “Sensitive Area Of Social Policy” So We’re Gonna Let A Local Govt Bleed The Property Owner Out
Here’s another one from the Ninth Circuit, argued on what one advocate called “land use day at the Ninth Circuit” (except, unlike the other two cases argued that day, the decision in this one gets published).
In Gearing v. City of Half Moon Bay, No. 21-16688 (Dec. 8, 2022), the panel upheld
Happy Birthday, Regulatory Takings – Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (Dec. 11,1922)
This story might be said to have had its roots millions of years ago.
It is about coal, after all. Anthracite coal, to be exact.
But that — and today’s date — should give you a clue that, as we teased in this post a mere 28 days ago (the Supreme Court worked hard
New Article: “Theft, Extortion, and the Constitution: Land Use Practice Needs an Ethical Infusion” (Michael Berger)
Here’s your must-read for today, the latest journal article from Michael Berger, “Theft, Extortion, and the Constitution: Land Use Practice Needs an Ethical Infusion,” 38 Touro L. Rev. 755 (2022).
Here’s the Abstract:
There are many ways in which property owners/developers interact with regulators. To the extent that texts and articles deal
Montana: Owning The Land Is Enough To Plead A Property Interest: Property Means “Rights Inherent In Ownership,” Not Extent Of Govt Discretion
The Supreme Court of Montana’s opinion in Tai Tam, LLC v. Missoula County, No. DA21-0660 (Nov. 15, 2022) starts off like a somewhat typical land use dispute turned into a constitutional fight. The property owner sought subdivision approvals for a 28-acre parcel to allow residential development, and the County denied the applications because “the
Hawaii 5-80: Land Use Law At The University Of Hawaii
Starting in January, we’ll be teaching the venerated, and oh-so-important Land Use course (Law 580) at the University of Hawaii’s Law School.
We’re at least temporarily stepping into some mighty big slippers (this is Hawaii, so we don’t always wear shoes), as this is the course that our mentor Professor David Callies taught for
Here’s The Program For The 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Feb 1-4, 2023, Austin
Here it is, the official agenda and program for the 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, February 2-4, 2023 (with a special event the evening of Wednesday, February 1, 2023 to entice you to arrive early).
Here’s the brochure with the complete agenda, schedule, and faculty listing. But to tempt you,