In MB Financial Bank N.A. v. Brophy, No. 128252 (Sep. 21, 2023), the Illinois Supreme Court clarified that in non-quick take actions (aka straight takings), the date on which title transfers — which is the date on which the owner actually is deprived of the property — is when the owner is relieved of
Supreme Court Property Rights Round-Up
Here’s what we’re reading about the Supreme Court’s property rights docket — some good, some disappointing — this day.
- Niina Farah, “Supreme Court flooding case could ripple across the energy sector“ (E & E News / Energywire) – About the Devillier case (which we summarized here), in which we were
New Takings Cert Petition: The Right To Exclude Is A Fundamental Right Isn’t It?
To us, one of the strangest things in constitutional law is the conclusion that although private property is a fundamental right for purposes of the Just Compensation Clause, it isn’t fundamental for purposes of the Due Process Clause. When your private property is taken you must be provided compensation. But when you are deprived of
PruneYard Revisited: Washington SCT Says No Physical Occupation Taking In State’s Eviction Ban – You Invited Tenants In, So Forcing Owners To House Them For Free Is Merely Regulating That Voluntary Relationship
We’re not going to ask you to read the entire 24 pages of the Washington Supreme Court’s 5-4 opinion in Gonzales v. Inslee, No. 1000992-5 (Sep. 28, 2023), in which the court seriatim rejects every challenge to the Governor’s Co-19 emergency eviction moratorium for tenants, which allowed tenants who did not pay rent to
Cert Grant #2 – SCOTUS (Finally!) To Resolve Whether Legislative Exactions Are Subject To Nollan-Dolan-Koontz Nexus And Rough Proportionality
“I’ll take ‘Words I Like to See’ for $800, Alex.“
In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.
Cert Granted #1 – You Don’t Need The Government’s Permission To Obtain Just Compensation, Do You?
“I’ll take ‘Words I Like to See’ for $800, Alex.“
In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.
The first is Devillier v. Texas (the
CA6: “The distric court’s ripeness determination, in turn, was plainly mistaken”
Before you get too excited by the U.S. Court of Appeals for the Sixth Circuit’s opinion in Catholic Healthcare Int’l, Inc. v. Genoa Twp., No. 22-2139 (Sep. 11, 2023), a spoiler up front: this may be a good ripeness decision, but this isn’t a takings case.
But you takings mavens may still want
New Cert Petition: “It is Time to Recognize the Judicial Takings Doctrine”
Interested in the intriguing question of whether a court ruling can “take” property? If so, check out the latest cert petition on the issue.
Let’s start with the Questions Presented:
1. Is a state supreme court able to “side-step” the just compensation requirement of the Fifth and Fourteenth Amendments by simply removing preexisting property rights
Just Published – IRWA’s “Summary of Major Eminent Domain Cases & Legislation: Jan 1, 2023 – June 30, 2023”
Thanks to our co-authors for the latest issue of this recurring update.
The International Right of Way Association’s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.” (This is the “international” right of way association, so that last qualifier is important.)
And what is
Can One Government Official Really Hold Up Necessary Water Uses? The Hawaii Public Water Trust In Action
According to the County, this is an “industrial” use,
incompatible with “agricultural” zoning
Note: sorry, this is one of those longer posts, but the topic is a serious one, so we felt it needed more than our usual cursory treatment.
How Can That Be?
We’ve been somewhat reluctant to post too much on the legal