This season of the Institute for Justice‘s podcast series “Bound by Oath” is devoted to property rights. It’s a fascinating series — produced by John Ross, it is more like an audio documentary than a typical podcast — focusing on constitutional issues. And we say this not just because we’ve been a
Sheetz Argument Round-Up
Here is a collection of commentary on the oral arguments in Sheetz v. El Dorado County, heard by the Supreme Court earlier this week. (Our own thoughts here.)
- Lawprof Tim Mulvaney, “Mulvaney of Sheetz v. County of El Dorado” (PropertyProfBlog) (“In light of that concern, perhaps such scrutiny, Justice Jackson ruminated,
Today’s Arguments In Sheetz v. El Dorado County: “[R]adical [A]greement” On The Key Issue
If you were looking for deep clarity from the Justices about land use law and whether a legislature imposing monetary conditions on property development always gets the free judicial pass of rational basis review in this morning’s oral arguments in Sheetz v. County of El Dorado, you may not discover a lot of predictive
What We’re Reading Today, Property Rights Edition
Bismarck in January is looking pretty good.
Here’s what we’re reading today:
- Christian Britschgi, Court’s Wild Zoning Decision Blocks ‘Montana Miracle’, Reason (Jan. 2, 2024) (“In an eyebrow-raising decision, a Montana judge has halted the implementation of two laws legalizing duplexes and accessory dwelling units on residential land across the state, writing that they’d
Sheetz v. El Dorado County Argument Preview: Do Blanket Exactions Present The Same Risk As Ad Hoc Exactions?
Get ready for Sheetz v. El Dorado County, No. 22-1074, the “legislative exactions” case at the Supreme Court. [Disclosure: this is one of our firm’s cases, so we won’t be doing an analysis here. Besides, you already know where we stand on the issue.]
Hawaii SCT: Most Of Those Eminent Domain Issues (Esp. Severance Damages) Are For Juries
We’re not going to go into very much detail or provide commentary on the Hawaii Supreme Court’s unanimous 88-page opinion in an eminent domain case we’ve been following, City and County of Honolulu v. Victoria Ward, Ltd., No. SCAP-22-0000335 (Dec. 29, 2023), because before we departed private practice for public interest law
Cases And Links From Today’s ABA State & Local Govt Law Land Use Presentation
Here are the cases that Michael Berger and I discussed in today’s presentation to the ABA State and Local Government Law Section’s Land Use group. It was good seeing everyone, even virtually:
- Sheetz v. County of El Dorado – are legislatively-imposed exactions subject to the nexus and proportionality requirements of Nollan/Dolan? (SCOTUS)
- Devillier v.
Listen: Gideon Kanner’s Oral Arguments, Agins v. City of Tiburon (Apr. 15, 1980)
The place hasn’t changed that much since 1980, has it?
As you know, the legendary Gideon Kanner left us in November. The tributes continue to be published. You’ve no doubt seen our remembrance of Professor K, as well as this one from Southern California Appellate News, this memorial from Loyola Law, our
Hawaii Federal Court: Honolulu Can’t Increase Minimum Rental Term To 90 Days Without Accommodating Existing Uses
Here’s the latest in a case we’ve been following.
In this Order, the U.S. District Court for the District of Hawaii made permanent its earlier ruling that Honolulu’s ordinance which expanded the minimum rental term to 90 days because it did not account for those owners who were already legally renting their properties
Hawaii Five-80: More Land Use (Law 580) At The University Of Hawaii
Starting in January, we’ll be helping our friend and former law partner Mark M. Murakami with the venerated and oh-so-important Land Use course (Law 580) at the University of Hawaii’s Law School.
We’re temporarily stepping into some mighty big slippers (this is Hawaii, so we don’t always wear shoes), as this is the course that