Cases And Materials From The Takings And Eminent Domain Session At The Land Use Institute

Some of the Land Use Institute faculty, including (front row left), Planning Chair Frank Schnidman and Planning Co-Chair Patty Salkin

Last Friday at the 32nd Annual Land Use Institute in Detroit, I was honored to moderate a freewheeling discussion by a panel of takings experts, Professor Steven Eagle, Minnesota lawyer Howard Roston, and Michigan's own Alan Ackerman on "Takings, Eminent Domain, and Vested Rights."

Here are the cases and other materials we discussed, as well as a few others which we did not have time to cover (but wish we could have):

• Murr v. Wisconsin (SCOTUS): should unified use be the most critical determining factor?
• The first post-Murr case? Here's the cert petition in that case.
• Knick v. Township of Scott (SCOTUS): Williamson County ripeness on the chopping block?
• Colony Cove: rent control takings claim back in the Ninth Circuit. Any guesses on the outcome?
• Martin's Beach v. Surfrider Foundation: judicial takings cert petition.
• Leone v. County of Maui - loss of all "use" or of all "value" as the measure of a Lucas taking?
• Song v. Sessions: eminent domain protests as the basis for political asylum.
• Gunderson v. Indiana: public trust and the equal footing doctrine.
• MR-GO: Katrina flooding as a taking.
• North Carolina's Map Act cases: project announcement and condemnation blight.
• St Bernard Port Authority v. Violet Dock Port - taking for private benefit, replacement cost as measure of just compensation.
• City of Marietta v. Summerour - pre-taking requirements in Georgia’s property owners bill of rights.

To those who attended: thank you for joining us for a lively and informative session on our favorite topics.