Here’s the merits brief in a case we’ve been following (naturally, because it is one of ours). This is Sheetz v. El Dorado County, the case which asks whether a condition on development (aka an “exaction”) is exempt from the close nexus and rough proportionality standards of Nollan/Dolan/Koontz simply because the exaction is imposed
Program Recording: “Erasing the Black Spot” – Virginia’s Use Of Eminent Domain To Take Minority Property
“Erasing the Black Spot“ from WHRO on Vimeo.
As we first noted here, Hampton University and WHRO recently produced a live program on “Erasing the Black Spot – How Virginia Universities Have Disrupted Black Neighborhoods.” We couldn’t make it in person, but watched the live-stream.
Now, as we hoped, the recorded
New Cert Petition: Is Preventing Owners From Recovering Rental Units From Nonpaying Tenants A Compensable Taking?
Here’s the latest in a case we’ve been following.
Not that long ago, the Ninth Circuit held that a challenge to Washington state’s Co-19 eviction moratorium was moot because the moratorium had ended, and the plaintiffs had only sought declaratory relief. Thus, the court concluded, the moratorium did not have a “brooding presence” affecting
Some Precondemnation Entries Are Takings Requiring An Up-Front Condemnation And Compensation
We don’t often post trial court orders — especially state trial court orders — but read on and you will understand why we made an exception here. Our thanks to an Oregon colleague for sending it our way.
Today’s case involves a pretty typical situation — a condemnor (or, “condemner” — for it is in
Inverse Condemnation And Hawaii’s Wildfires: Lawprof Shelley Saxer Joins Clint Schumacher’s Eminent Domain Podcast
Another must-listen episode of Clint’s Eminent Domain Podcast. He’s joined by Pepperdine Law School Professor Shelley Ross Saxer:
Professor Shelley Ross Saxer joins the show to discuss the role that the damaging clauses found in more than half of state constitutions across the United States play in inverse condemnation claims related to natural disasters
Here’s The Program For The 41st ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Feb 1-3, 2024, New Orleans
Here’s the brochure and the full agenda and registration information for the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference at the JW Marriott in New Orleans, February 1-3, 2024.
This is the long-running nationally-focused conference on all things eminent domain, takings, valuation, and related. We have three tracks, from which you can
New Takings Ripeness Cert Petition (Ours): One Variance, Two Variance, Three Variance…More?
Here’s a takings cert petition, filed yesterday.
Because this is one of ours, we’re not going to comment much beyond reposting the Question Presented, and to let you know this one is about how the “relatively modest” requirement that the government have taken some “definitive position” about what uses are allowed and what uses
Alabama: Banning Short-Term Rentals Is Constitutional (PS – “the Alabama Constitution does not recognize regulatory-takings claims”)
A quick one from the Alabama Supreme Court. In Dixon v. City of Auburn, No SC-2022-0741 (Oct. 27, 2023), the court rejected a property owner’s claim that the city outlawing short term rentals of residential properties — when the plaintiff had been renting his basement for a while — was not a violation of
We Want A Lump Of Coal For Christmas (As Long As It Is Pennsylvania [Anthracite] Coal)
Our thanks to Professor/Dean/Provost Patricia Salkin and Lawprof Simone Freeman for inviting me to drop in on their Touro Law School Land Use class last evening to talk about regulatory takings and some of the interesting details of the Pennsylvania Coal Co. v. Mahon case from 1922.
We discussed the case, using some photos we
20th Brigham-Kanner Property Rights Conference: Property Rights As A Means Of Human Flourishing
Professor Gregory Alexander: the newest inductee in
the Property Rights Hall of Fame
Jim Burling, discussing Prof Alexander’s
property work.
Our panel at today’s Brigham-Kanner Property Rights Conference at William and Mary Law School in Williamsburg, Virginia, which was focused on the work of this year’s Brigham-Kanner Property Rights Prize, Prof. Greg Alexander