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 likely do 'irreparable' damage to residents of single-family neighborhoods.").
- Richard Frank, The U.S. Supreme Court & Environmental Law in 2024, LegalPlanet (Jan. 3, 2024) ("First up before the Court in 2024 is this “regulatory takings” case from California.... Over the past four decades, U.S. Supreme Court decisions have developed the so-called 'unconstitutional conditions' sub-doctrine of regulatory takings law, but to date have only applied it to individually-negotiated land use permit conditions and fees. California state courts–including in the Sheetz case–have consistently refused to extend the doctrine to broadly-applicable fees and conditions imposed on landowners in exchange for their obtaining development approvals–so-called “quasi-legislative” fees and conditions.... So El Dorado County appears to be facing an uphill battle in the Sheetz case. The justices will hear oral arguments on January 8th.")
- Editorial Board, The Supreme Court's Road to El Dorado, Wall St. J. (Jan. 5, 2024) ("The Supreme Court on Tuesday will hear what could be a landmark property-rights case (Sheetz v. County of El Dorado) with major economic implications. The question is simple: Can governments use building permits to extort property owners?").
- James Burling, Property Rights in Jamestown: Bowling and starving in the New World, Pac. Legal. Found. (Nov. 30, 2023) ("All the crops would be the collective property of the colony, with a good portion of the proceeds returned to the financiers in England to pay off the debts incurred in setting up the colony in the first place. Now, the proprietors weren’t proto-socialists; they just figured they could maximize their profits if their charges over in America didn’t try to grab too much for themselves.").
- Greg Henderson, Texas Rancher's Property Rights Case to be Heard by U.S. Supreme Court, Drovers (Jan. 4, 2024) ("Attorney’s representing a Texas rancher are preparing to test the 'pottery barn rule' – you break it you buy it – before the U.S. Supreme Court.").
- History of Building Regulations, Researching Historic Buildings in the British Isles ("The British Isles has a long history of legal controls on building construction, which have generated records of interest for building historians. This outline aims to explain the types of building control record and where to find them.").
- Conference on the Constitution. A conference produced by the Northwest Landowners Association is open to the public "to learn more about landowner issues related to our constitutional rights." Featuring two of our Pacific Legal Foundation colleagues, Mark Miller and Kady Valois.
