One more lesson on the speed of the interwebs: we were all set to take a deep dive into the California Court of Appeal’s opinion in an inverse condemnation case, Bottini v. City of San Diego, No. D071670 (Sep. 18, 2018), when our colleague Brad Kuhn analyzed the case at his California Eminent
2018 Brigham-Kanner Property Rights Conference: Williamsburg, Oct. 4-5, 2018
Come join us for one of the best conferences on property rights and property law at the 2018 Brigham-Kanner Property Rights Conference, October 4-5, 2018 at the William and Mary Law School in Williamsburg, Virginia.
We’ve attended and presented at the Conference in past years, including when it went international in
New Article: The [Takings] Keepings Clause: An Analysis of Framing Effects from Labeling Constitutional Rights
An interesting and thought-provoking new article from Professor Donald Kochan that is definitely worth your time: The [Takings] Keepings Clause: An Analysis of Framing Effects from Labeling Constitutional Rights, 45 Fla. State U. L. Rev. ___ (forthcoming 2018).
As the title suggests, Professor Kochan doesn’t quite care for the phrase the “Takings Clause” when
New Cert Petition (MR-GO Katrina Case): Can Government *Inaction* Lead To A Taking?
Here’s the cert petition we’ve been waiting to drop in a case we’ve been following closely.
Last we checked in, the Federal Circuit (any guess on which judge?) held that the catastropic Katrina flooding — caused mostly by the federal government’s construction and maintenance of a navigation project, the Mississippi River Gulf-Outlet
Cal App: No Taking For Development Moratorium Because Owners Had Not Asked For Development Permits
Ah, the speed of the interwebs: we were all set to write something up about the California Court of Appeal’s recent opinion in Black v. City of Rancho Palos Verdes, No. B285135 (Sep. 6, 2018), when our friend and colleague Bryan Wenter beat us to it.
His post, “Court Rejects Residents’
Happy Constitution Day
On the day we celebrate Constitution Day (or should we say Khaaaaan-stitution Day?) we have to admit that pretty much nothing beats One Named Kirk’s reading of the Preamble.
He might be from Iowa, but that guy who plays him is from north of the border, so our kudos to a Canadian for
Clint Schumacher’s Eminent Domain Podcast Is Back – Six Degrees Of Williamson County Ripeness … And Elvis
After a short hiatus to allow Clint to set up at his new firm, the Eminent Domain Podcast is back.
Clint was kind enough to ask me to be his first second-time guest, and we had a wide-ranging discussion: everything from this semester’s teaching assignment at the William & Mary Law School, the
Iowa Supreme Court Oral Argument Video: Does A Finding Of Public Necessity And Convenience For A Pipeline Also Solve The Question Of Public Use In Eminent Domain?
Here’s the video of the oral arguments held earlier today in the Iowa Supreme Court in a high-profile pipeline case. In Puntenney v. Iowa Utilities Board, the court is considering a case at the intersection of the law of public utilities, and condemnation law. The basic question the court is trying to solve is
New Cert Petition: Is Holding Land With No Present Use In The Hope The Government Allows Some Use In The Future An “Economically Beneficial Use” Of Property?
Here’s the cert petition, filed yesterday, in a case we’ve been following closely. Here’s our short summary of the case, written up when it was ready for argument in the Hawaii Supreme Court. That court’s ruling against the property owner added to the the lower court split on the issue of whether
Federal Court: Florida Statute Outlawing “Bump Stocks” Is Not A Taking
The result in Roberts v. Bondi, No. 8:18-cv-1062 (Aug. 21, 2018) should not be terribly surprising, we suppose. After all, the plaintiff was asking the U.S. District Court to — among other things — conclude that a Florida statute banning a device which makes a semi-automatic rifle “somewhat mimic” fully-automatic fire, violated the plaintiff’s