Zoning & Planning

Regulatory takings challenges are no doubt tough. Especially Penn Central regulatory takings challenges. Facial Penn Central regulatory takings claims, moreso.

The U.S. Court of Appeals’ opinion in Clayland Farm Ents, LLC v. Talbot County, No. 19-2102 (Feb. 9, 2021) – the latest in this case we’ve been following – proves the point. The court

Goofus-gallant

Yes, it starts tomorrow, Thursday, January 28, 2021, but we’re “remote” this year, so it is not too late to register to join us for the 38th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference. This is the “big one” where the nation’s best practitioners, scholars, jurists, and other industry professionals gather to talk

ALI-CLE 2021 Bingo card

If you “get” this, you should be registered for the 38th Annual Eminent Domain & Land Valuation Litigation Conference, to be held remotely on Thursday and Friday, January 28-29, 2021.

The list is growing rapidly, and you need to join us!

This is the “big one” where the nation’s best practitioners, scholars, jurists,

1o 11 ALI-CLE

Are you a law student interested in takings, eminent domain, land use, environmental, and other dirt-lawyering related topics? If so, good news: thanks to the generosity of ALI-CLE, you can register gratis (free!) for the upcoming 38th Annual Eminent Domain & Land Valuation Litigation Conference, to be held remotely on Thursday and Friday,

Our thanks to Clint Schumacher for having us on his program to talk about the upcoming Conference. We’re “remote” this year, but that means a different approach to our presentations (and a very modest tuition!).

We’re having programs with intriguing subjects such as “Planning to Win: Practical Strategies for a Successful Inverse Condemnation Case,”

One does not walk to ALI-CLE 2021

1o 11 ALI-CLE

No mr bond 2021

The Town of Fort Myers Beach, Florida, barred the sale of alcohol on beaches in 1995. Turns out that a beachfront business was already (legally) selling alcohol on its property at the time of the ban. And we know what that usually means: a grandfathered nonconforming use.

Today’s case from the Florida District Court

A short one from the Virginia Supreme Court. In Palmyra Associates, LLC v. Comm’r of Highways, No. 191680 (Dec. 17, 2020), the court upheld the exclusion of evidence about a property’s “before” condition in a partial take case, concluding that the proffered evidence of the property’s development potential was too speculative. Or, more accurately

Here’s the Reply in Support of what we think is a very worthy cert petition, and which responds to the recently-filed BIO.

For the background of the case, check out this post (“What Constitutes a Loss“). The property owner has also summarized the situation thusly in its petition:

The State of

Ainalea

Here’s the State of Hawaii’s Brief in Opposition in a case we’ve been following for what seems like forever.

Check it out. The State waived response, but after a whole bunch of amici filed briefs in support of a cert grant (ours included), at least one of the Justices wanted to