Last Friday, we had the good fortune to moderate a debate between two scholars — F.E. Guerra-Pujol and Ilya Somin — on the question of takings and emergencies (“COVID-19 & Property Rights: Do Government Actions in Response to the Coronavirus Pandemic Create Compensable Takings?“). This issue has resulted in a flurry of claims
Land Use Also On The Fall Semester Agenda At William And Mary Law
This fall, we’ll be back at the William and Mary Law School (hopefully in-person, depending on the circumstances and the yet-to-be-announced approach to be taken by the College of William and Mary), teaching two of our favorite subjects.
Not only will this be the third time leading Eminent Domain and Property Rights (Law 608), but
Ky App: Condemnor Can Choose Between Cemetery And Oak Tree, Same As It Ever Was (and there’s no necessity to tie a yellow ribbon round the old oak tree)
In Allard v. Big Rivers Elec. Corp., No. 2019-CA-000486 (May 15, 2020), the Kentucky Court of Appeals made short work of each of the property owner’s arguments objecting to a taking of land for a electric-transmission corridor, and we won’t go through each contention here.
But that one that we will mention briefly
Restatement (Fourth) Of Property: What’s In Store
Reporters’ Guide: Property 2020 from
The American Law Institute on Vimeo.
Here’s the recently-released video from the ALI about the ongoing work on the Fourth Restatement of Property. Come on, you know you want to watch.
Private Condemnor: We’re A “Railroad” Because We Promise To Be A Railroad In The Future
Texas Court of Appeals in Texas Central RR & Infrastructure, Inc. v. Miles, No. 13-19-000297 (May 7, 2020): sounds good.
We were going to write up this case, when Tiffany Dowell Lashmet (author of the fabulous Texas Agricultural Law Blog) posted her analysis: “Appellate Court Finds High-Speed Rail Meets Required Definitions for
Virginia Supreme Court To Consider Whether City Has The Right To Pollute Chesapeake Bay
A development in the “oyster takings” case that we’ve been following as it has worked its way up to the Virginia Supreme court: that court today issued this Order, in which it awarded an appeal by Nansemond River oystermen (and the City of Suffolk’s cross-appeal) who claim that their property was taken when the
One More Coronavirus Complaint (Ill.): Indefinite Business Closures Are Takings
Yet Another Coronavirus Complaint: Eviction, And Retroactive Rent Freeze In Rent-Controlled Apts Is A Taking
Here’s another coronavirus-related complaint asserting a taking.
But unlike other, recently-filed complaints (see here, here, here, here, here, here and here), this one doesn’t object to shut down orders. Instead, it challenges two measures undertaken by local authorities related to the owner/tenant relationship.
To deal with the pandemic, Union
Another Federal Takings Complaint For Business Shut-Down Order (California)
Here’s the latest complaint asserting that a state governor’s business shut-down order (under which certain businesses are deemed “essential,” while others not) is a taking, inter alia, that joins a growing list of similar lawsuits (see here, here, here, here, here and here).
This one is by licensed beauty