If there’s a silver lining in the U.S. Court of Appeals for the Sixth Circuit’s opinion in Slaybaugh v. Rutherford County, No. 23-5765 (Sep. 3, 2024), a case about what we call “SWAT takings” (police destroy someone’s property in order to dislodge a criminal suspect), it’s that the court did not adopt
21st Brigham-Kanner Property Rights Conference Report
Here’s the full report from David Morrill about the 21st Brigham-Kanner Property Rights Conference earlier this month. Pictured above: Professor James Stern (responsible for the overall planning of the B-K Conference), this year’s Prizewinner Professor Lee Fennell (U. Chicago Law School), and Andrew Brigham, St. Augustine, Florida – property rights lawyer extraordinaire).
Here are what
New Just Comp Cert Petition: Is $0 Just Compensation Constitutional?
Here’s a recently-filed cert petition which raises two questions about the constitutional calculation of just compensation.
Here are the Questions Presented:
A county unquestionably used real property that denied access to private property and allowed the private property owner to restore the denied access at the owner’s own expense, without county reimburse- ment. Although at
Too Far: Imagining the Future of Regulatory Takings (Friday, Oct. 4, 2024)
There’s still time to join us next Friday, October 4, 2024, at the Antonin Scalia Law School (George Mason University) for the symposium “Too Far: Imagining the Future of Regulatory Takings.”
Co-produced by our outfit (Pacific Legal Foundation) and the Journal of Law, Economics & Policy, the symposium will feature the
Unringing The Bell: NC Supreme Court Arguments – What Happens If A Taking Lacks A Public Use, But They Take It Anyway?
Here’s the latest in a case we’ve been following (and in which we filed an amicus brief in favor of the property owner).
Yesterday, the North Carolina Supreme Court heard oral arguments in Town of Apex v. Rubin. Here’s a link to the recording (YouTube prevents us from embedding it, sorry).
This is a
New Ep, Eminent Domain Podcast: Lawprof Ilya Somin
Heads up: the second episode of the rebooted Eminent Domain Podcast is live, with host Bobby Debelak and guest law professor Ilya Somin. Here’s the description of this ep:
Professor Ilya Somin of George Mason University and the Cato Institute discusses his work in drafting amicus papers in the Kelo case, working with Jane Jacobs
Comity Of Errors: CA11 Chooses Nondisruption Of State’s Administrative Process Over Constitutional Right To Compensation
In Turner v. Jordan, No. 22-13159 (Sep. 17, 2024), the U.S. Court of Appeals for the Eleventh Circuit held that even though the federal courts have jurisdiction over Turner’s takings claim, the court nonetheless has the discretion to choose to wash its hands of the case in order to protect a state’s administrative procedures.
Va App: It Doesn’t Take Much To Allege Public Use In Inverse Condemnation
On the surface, the Virginia Court of Appeals’ opinion in Town of Iron Gate v. Simpson, No. 1588-23-3 (Sep. 17, 2024) deals with a straightforward issue in a straightforward way: the property owner’s inverse complaint adequately alleged that the Town’s flooding of her property was for a public use, and thus properly survived the
The Real “Prime Directive” – Happy Constitution Day 2024
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.
KIRK: This was not written for chiefs.Hear me! Hear this! Among my people, we carry many such words as this from many lands
Guns N’ Encloses: While Figuring Out Gun “Sensitive Places,” CA9 Backhandedly Upholds The Right To Exclude
The gunfight at the OK Corral is about all we know
about bearing arms in public places.
There’s a lot going on in the U.S. Court of Appeals for the Ninth Circuit’s opinion in Wolford v. Lopez, No. 23-4356 (Sep. 6, 2024), and none of it is about takings, at least directly. And the