Here’s the latest in a case we’ve been following, which has now results in a cert petition from Michael Berger. This one involves some very intriguing questions about what limits the Constitution places on the government acquiring property for a public use (in this case, an “airport purpose”) but then later deciding it
Call For Papers: “Housing and Exactions: The Next Frontiers After Sheetz“
Our outfit (Pacific Legal Foundation) has put out a call for papers. on the topic of land use exactions and housing law. Honorarium included for accepted papers, and there will be a workshop to follow.
Here’s the description:
This workshop seeks to build on the result of Sheetz v. County of El Dorado and
Nevada: Private-to-Private Takings By Privately-Owned Utilities Are OK, Even Though State Constitution Prohibits “transfer … from one private party to another”
Those of you who are students of eminent domain and the public use requirement know that in Berman v. Parker, 348 U.S. 26 (1954), the Court (in)famously held, “when the legislature has spoken, the public interest has been declared in terms well nigh conclusive.”
Not only was the Court in Berman signalling that it
New Article (Comment): “Vacancy Taxes: A Possible Taking?” (U. Chi. L. Rev.)
A new student-authored journal article worth reading, Christine Dong, “Vacancy Taxes: A Possible Taking?,” 91 U. Chi. L. Rev. 1725 (2024).
Here’s the Abstract:
Vacancy taxes are an increasingly popular solution to the paradoxical problem of high housing demand coupled with high vacancy. Cities across the country facing housing shortages have either implemented
Last Night, I Shook Hands With Mr. Jefferson’s Ghost
Like most “paranormal caught on camera” shots,
this one is grainy. But you can just make Mr. Jefferson out.
Colonial Williamsburg is adjacent to the William & Mary Law School, so from time-to-time, we’ll take a walk over just to soak up the atmosphere. The vibe picks up in the autumn season, when the
Links And Materials From Hawaii Bar Association Takings Program
On Monday, we joined our land use colleagues Dwight Merriam, Professor Shelley Saxer, and Professor David Callies for the Hawaii Bar Association’s Section of Real Property and Financial Services program, “Property Rights & Regulatory Takings,” a wide-ranging and very well-attended program for Hawaii dirt lawyers.
As the above photo notes (L to R:
By The Thinnest Of Margins, SCOTUS Declines Public Use Pretext “Spite Taking” Case
So close: if just one more Justice had agreed, the U.S. Supreme Court would have taken up a public use case we’ve been following, Brinkmann v. Town of Southhold. After all, this one had a lot of the usual markers: a divided court below, an allegation of a lower court split, beaucoup amicus support
Nobel Economics Prize To Research Confirming The Importance Of The Rule Of Law And Property Rights
This out of Sweden: the Royal Swedish Academy of Science has announced that it will be awarding the 2024 Nobel Prize in Economics to three U.S. econ professors whose research demonstrates that the rule of law and property rights foster an environment where democracy and prosperity flourish:
The laureates have shown that one explanation for
Apparently, The “Final Frontier” Isn’t Space, But The California Coastal Zone
Following up on our recent post about the California Coastal Commission denying permission for Space-X to increase the number of annual launches from Vandenberg, comes this, the other shoe.
The Commission has now been sued, with Space-X alleging that the Commission denied permission due to CEO Elon Musk’s political leanings and his public
New Cert Petition: Eviction Moratorium Transferred Possession Easement To Nonpaying Tenants
Here’s the latest in a case we’ve been following, which asks whether a local ordinance which allowed non-paying tenants to remain in the lessor’s property is a physical taking, or merely the regulation of the lessor/lessee relationship under the Yee theory, which posits that once an owner voluntarily rents property to a tenant