Blogs about: Regulatory Takings

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Arkansas Fish and Game – Remand Briefs

As you know from our December 2012 blog, the United States Supreme Court found that an Army Corps flooding program, which damaged a hardwood forest managed by the Arkansas Game & Fish Commission,… more →

New Jersey Condemnation Law

Arkansas Fish and Game - Remand Briefs

Joseph Grather wrote 1 month ago: As you know from our December 2012 blog, the United States Supreme Court found that an Army Corps fl … more →

Tags: Court Decisions, In The News, Army Corps, eminent domain, flooding, Inverse Condemnation, private property

What IS a Nuisance, Anyway? — 2 comments

Jonathan Zasloff wrote 2 months ago: If you’re a Property teacher, you have probably taught nuisance law.  If you are a Land Use te … more →

Tags: Land Use, Litigation, nuisance law, Takings Law, Lucas v. South Carolina Coastal Council, Boomer v. Atlantic Cement, William Prosser, cumulative zoning, zoning

Takings, Standing, and Those Nasty Neighbors — 13 comments

Jonathan Zasloff wrote 2 months ago: The bungalow in Nollan Most lawyers reading this page are familiar with Nollan v. Calif. Coastal Com … more →

Tags: Land Use, Litigation, standing doctrine, Takings Law, Defenders of Wildlife v. Lujan, Robert Jackson, Nollan v. California Coastal Comm'n, Williamson County Regional Planning Comm'n v. Hamilton

Federal Circuit Affirms Dismissal of Fifth Amendment Claim re: Colorado River Indian Tribes' Reservation Lease — 1 comment

Matthew L.M. Fletcher wrote 3 months ago: Here is the opinion in McGuire v. United States. Briefs: McGuire Opening Brief Federal Appellee Brie … more →

Tags: Research, Author: Matthew L.M. Fletcher, Colorado River Indian Tribes, Federal Circuit, Court of Federal Claims, fifth amendment, McGuire v. United States

If the Constitution is Dead, where does that leave Takings? — 3 comments

Jonathan Zasloff wrote 3 months ago: Samuel Johnson: Watch Your Definitions Justice Scalia is getting a lot of attention for his comment … more →

Tags: Academia, Litigation, Property Rights, antonin scalia, textualism, John Marshall, William Blackstone, Samuel Johnson, original meaning

The Mystery of Koontz: "Why Are We Here?"

Jonathan Zasloff wrote 4 months ago: Lyle Denniston of SCOTUSBlog reports that the plaintiff’s argument in the Court’s highes … more →

Tags: Land Use, Litigation, Sonia Sotomayor, Takings Law, Lucas v. South Carolina Coastal Council, antonin scalia, Penn Central Railroad v. City of New York, Pacific Legal Foundation, Nollan v. California Coastal Comm'n

Rebuilding After Sandy: Government Assistance At Odds With Private Property Rights — 2 comments

Joseph Grather wrote 4 months ago: The following quote is attributed to President Ronald Reagan: One example of government assistance p … more →

Tags: In The News, Legislative Developments, condemnation, dune replenishment, eminent domain, Hurricane Sandy, private property, Property Rights

The Trouble with TDRs

Dan Farber wrote 4 months ago: What went wrong with TDRs?  But first, you might ask, what are TDRs? TDRs — more formally, tra … more →

Tags: Land Use, Transferable development rights, new jersey pine barrens

US Supreme Court: Temporary Flooding May Constitute a "Taking" — 2 comments

Joseph Grather wrote 5 months ago: Photo courtesy:  www.agfc.com Today, the United States Supreme Court issued its unanimous decision i … more →

Tags: Court Decisions, condemnation, eminent domain, Inverse Condemnation, Temporary Takings, private property, fifth amendment

Inverse Condemnation Defeated: Wildwood Property Owner Fails to Exhaust Administrative Remedies

Joseph Grather wrote 1 year ago: On Friday May 18, 2012, a New Jersey appellate court affirmed – and published – the tria … more →

Tags: Court Decisions, condemnation, eminent domain, Redevelopment, Inverse Condemnation, Property Rights, wildwood

New Jersey Farmer Growing More Dedicated in Fight Against Eminent Domain — 1 comment

Cory K. Kestner wrote 1 year ago: Today’s Daily Record featured this article by reporter Cara Townsend which highlighted Todd Ku … more →

Tags: In The News, eminent domain, McKirdy & Riskin, Inverse Condemnation, Anthony Della Pelle, Property Rights, private property, Daily record

Federal Claims Court Rejects Regulatory Takings Claim in On-Reservation Lease Dispute — 1 comment

Matthew L.M. Fletcher wrote 1 year ago: Here is the opinion in McGuire in United States: McGuire Opinion A prior related opinion (denying th … more →

Tags: Research, Author: Matthew L.M. Fletcher, Colorado River Indian Tribes, Court of Federal Claims, fifth amendment, McGuire v. United States

Ninth Circuit Upholds Oregon's Measure 49 Against Takings Challenge — 1 comment

Jonathan Zasloff wrote 1 year ago: Seven years ago, Oregon’s voters enacted Measure 37, a ballot initiative that essentially thre … more →

Tags: Land Use, Litigation, Takings Law, Judge N. Randy Smith, Measure 37, Measure 49, Oregon, Judge Marsha Berzon, Judge David Ebel

Regulation of the Day 199: How to Catch a Tuna

Ryan Young wrote 1 year ago: Carlos Rafael owns over 40 fishing boats that work the waters off of New Bedford, Connecticut. One h … more →

Tags: Regulation of the Day, Fishing, Fishing regulations, Carlos Rafael, bluefin tuna, asset foreiture

How Plaintiffs Can Win More Takings Cases: A Proposal for California

Jonathan Zasloff wrote 1 year ago: Less of this, please I’ve never been particularly sympathetic to regulatory takings claims; li … more →

Tags: California, Land Use, Litigation, NIMBYism, Lucas v. South Carolina Coastal Council, Penn Central Railroad v. City of New York, depublishing, Landgate v. California Coastal Comm'n, Robert Jackson

Prior Owner's Assent Does Not Defeat Inverse Condemnation Claim

Joseph Grather wrote 1 year ago: Ciaglia v West Long Branch – Inverse Remedy Awarded by Appellate Division Yesterday, the Appel … more →

Tags: Court Decisions, condemnation, eminent domain, Inverse Condemnation, Real Estate Valuation, Long Branch, Property Rights, private property

Smoking’s Bottom Line

cjarrettdieterle wrote 1 year ago: When Michigan Gov. Jennifer Granholm approved a private-business smoking ban in late 2009, many rest … more →

Tags: regulation, smoking ban, private property

Electricity Shocks Property Owners, But Not The Court — 1 comment

Joseph Grather wrote 1 year ago: Shock Treatment Insufficient to Constitute Inverse Condemnation Yesterday, a New Jersey appellate co … more →

Tags: Court Decisions, condemnation, eminent domain, Settlements and Awards, Inverse Condemnation, Real Estate Valuation, Property Rights, private property

With summer upon us, let's go to the beach...if we can access it.

Anthony F. Della Pelle wrote 1 year ago: Local Beach Access Plan Draws Ire of Environmental Groups Environmental groups voiced concerns throu … more →

Tags: In The News, Legislative Developments, beach access, private property, Property Rights, public trust doctrine


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