In addition to the Hawaii Supreme Court hearing oral arguments in an admin, water law, environmental law case today, if you tune in earlier, you can eavesdrop on the California Supreme Court’s oral arguments in an inverse condemnation case, Weiss v. People ex rel. Dep’t of Transportation, a case we are following.
Hawaii Supreme Court Livestream Oral Argument In Water Rights, Admin Law Case (Tuesday, May 5, 2020, 10am HT, 1pm PT, 4pm ET)
Fire up your web browsers, turn up your speakers, and tune in tomorrow, Tuesday, May 5, 2020, at 10am Hawaii Time (1pm Pacific, 2pm Mountain, 3pm Central, and 4pm Eastern) for a first: the Hawaii Supreme Court will be livestreaming oral arguments in an important case about administrative law, water rights, environmental law
NC: There Isn’t Just One Way To Value An “Indefinite Negative Easement”
Back in December — only a few months ago, yet it seems like another world away — we attended oral arguments in Raleigh in a case we’ve been following for a long time, about North Carolina’s “Map Act.”
This case is the follow up (after remand) of the N.C. Supreme Court’s landmark decision in Kirby
Two More Takings Complaints Challenging Shut-Down Orders
Two more complaints challenging covid shutdown orders as takings (inter alia). Add to the growing list. See here, here, here and here, for other similar complaints.
The first is from California. It asserts that ordering “nonessential” businesses to shut down is a taking. The complaint alleges that unless the
Lawprof Josh Blackman Asks: “Is there an express cause of action under the Takings Clause?”
(Spoiler alert: we think the answer is “yes” — see below)
Delving into the latest Supreme Court opinion related to the Affordable Care Act, lawprof Josh Blackman (who recently wrote about bump stock takings), now asks a broader question: Is there an express cause of action under the Takings Clause? More pointedly he writes
A Little Preview Of How Courts Are Going To Misapply Takings Analysis In Shutdown Cases – Federal Court: No Taking For Outlawing Dog Racing
What do you think of when you think of south Florida? Beaches? Jai Alai? Cuba Libre? Crockett and Tubbs and a career in southern law enforcement?
Well, it better not be dog racing. Because by an amendment to the Florida Constitution (Amendment 13), the people of Florida banned
Your Takings Cert Petition Checklist: Ninth Circuit, En Banc Denial, Concurral, Dissental, Circuit Split, PLF
If you were thinking of teeing up a case “just so” for Supreme Court review, what does your fevered quill-pen dream checklist look like? Well, here’s some of the usual things that are good indicators:
- The Ninth Circuit decided against you. That court may not truly have the distinction of being the most reversed federal
Tahoe-Sierra “Temporary” Moratoria Takings Front-and-Center Of First Shutdown Case To Reach SCOTUS
That was fast: the very first (as far as we can tell) case challenging the various coronavirus shutdown orders has reached the Supreme Court. See here, here, here and here, for other cases.
This is the Pennsylvania case we wrote about a couple of weeks ago. The one where where “
NH: Govt Keeping Excess Proceeds Of Tax Sale Is A Taking
The town grabs, then sells property for failure to pay property taxes. The sales price is more than the tax lien. Does the town have an obligation to give the owner the difference, or can it keep it unless the owner sues?
Thanks to a colleague who sent us the case, we know that was
How Property Law Helped To Save Hawaii’s Mother’s Day
As we understand it, at some of our leading law schools the basic Property course is no longer a required 1L course. It’s an elective. Quelle horreur!
We think that’s a bad idea. Our Property I course (a 4-credit one-semester monster) is where we learned about things like treasure trove (finders, keepers –