April 2023

Screenshot 2023-04-11 at 20-42-01 Deep Dive and Amicus Review Tyler v. Hennepin County

Here at our law firm, we’re getting ready as one of our colleagues prepares to argue the Supreme Court’s next takings case in a couple of weeks. Yes, this is what we’ve alternatively called the “home equity theft” or the “keep the change” case where government seizes property to satisfy the owner’s tax debt, and after liquidation of the property and satisfaction of the debt, keeps any excess equity instead of returning the balance to the (former) homeowner.

The case is Tyler v. Hennepin County, No. 22-166, and it’s set for argument on the last day of this term’s argument calendar, Wednesday, April 26, 2023.

In the meantime you should check out the parties’ merits briefs and the beaucoup amici briefs (mostly filed in support of the property owner) on the Court’s docket.

But you should also see what others have to say, and how they are

Continue Reading Tyler v. Hennepin County Previews: Get Yourself Prepared For The Next SCOTUS Takings Arguments

Alex Boone note

Check this out, a new student-authored note from William and Mary third-year law student Alex Boone, “The Tide’s Coming In: A New Case for Beachfront Property Rights in South Carolina,” 47 Wm. & Mary Envtl. L. & Pol’y Rev. 383 (2023).

Here’s the Abstract:

Part I of this Note explores the scientific data as it relates to the impending consequences of climate change on South Carolina’s coast and will introduce the disastrous scenarios that are predicted to arise as a result of rising sea levels and the accelerating strength and severity of extreme weather events. Part II compares the effectiveness of various coastal resiliency tools and highlights the regulatory framework that prohibits their use by beachfront property owners. Part III explores the topic of regulatory takings and their indirect prophylactic nature of protecting citizens from regulatory overreach and offers a case for a South Carolina court to find

Continue Reading New Article: Alex Boone, “The Tide’s Coming In: A New Case for Beachfront Property Rights in South Carolina” (Wm & Mary Envt’ L & Pol’y Rev)

D Callies Retirement Celebration Invite 4-27-2023.f

Come join us on Thursday, April 27, 2023, from 5-7pm, downtown Honolulu, to celebrate the retirement of Professor David L. Callies from the University of Hawaii Law School.

Join U.H. Law School Dean Camille Nelson, Professor Callies’ colleagues, his students (present and former), the Hawaii legal community, and family and friends as we honor 43 years of scholarship, teaching, service, and practice.

Professor Callies is a prolific scholar and author, and has mentored generations of lawyers. Known especially for his work in property, land use, takings, administrative law, and state and local government law, he has also been presented with numerous awards including William and Mary’s Brigham-Kanner Property Rights Prize, and the Owner’s Counsel of America’s Crystal Eagle

Invitation and how to RSVP (or click below). Space is limited, so please let us know you are attending as soon as you can.

Details:

Thursday,

Continue Reading April 27, 2023, 5-7pm, Honolulu: Join Us To Celebrate The Work And Career Of Professor David Callies

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Hugo Grotius, that is. Also known as Hugo de Groot. Born this day, April 10, 1583, in Delft, Netherlands. Happy 440th, Hugo.

Yes, he’s a key figure in property rights as natural rights and international law, but most interestingly may have escaped an unjust confinement in the above-pictured box from Castle Loevestein.

Go here for that story. For more, see “Quest for the Hugo de Groot book chest.”

Double-trouble: property rights maven and able to pull a Houdini? I am Groot!Continue Reading Happy Birthday, Hugo!

There’s a lot going on in the U.S. Court of Appeals for the Fifth Circuit’s opinion in Tejas Motel, L.L.C. v. City of Mesquite, No. 22-10321 (Mar. 22, 2023), but that’s mostly because it’s a procedural decision resolving a question of whether a Texas court’s federal takings judgment was res judicata, and therefore prohibited a federal takings complaint filed later in federal court .

As you might surmise from the above summary, the Fifth Circuit indeed concluded that the second (federal) takings lawsuit was precluded by the judgment in the first (Texas), because the Texas court issued a final judgment on the merits of Tejas Motel’s federal takings claim.

Short story: the city doesn’t really care for operations like the Tejas Motel. Back in 1997, the city amended its zoning code to effectively outlaw these types of motels, rendering Tejas a nonconforming use. Later, after “local residents

Continue Reading Instead Of Being The First Case To Take Advantage Of Knick, This One Was The Last Victim Of Williamson County

The Murray N. Rothbard Memorial Lecture, presented by Dr. Wanjiru Njoya. As noted on the Mises Institute’s website:

Recorded at the 2023 Austrian Economics Research Conference hosted at the Mises Institute in Auburn, Alabama, March 16–18.

The Austrian Economics Research Conference is the international, interdisciplinary meeting of the Austrian School, bringing together leading scholars doing research in this vibrant and influential intellectual tradition. The conference is hosted by the Mises Institute at its campus in Auburn, Alabama, and is directed by Joseph Salerno, professor of economics at Pace University and academic vice president of the Mises Institute.Continue Reading “Property Rights Are Human Rights” – “Defending Private Property: Principles of Justice in Rothbard’s Ethics of Liberty” (Dr. Wanjiru Njoya)

Even if the world were open tomorrow, the doors to most Hawaii state, county, and city offices would still be locked. Because Friday, April 7 is the day that Hawaii celebrates Good Friday.

Yes, Good Friday is an an official state-sanctioned holiday in the 808 area code, so we’re reposting our annual recounting of how it came to be that the State commemorates the date of the crucifixion, and how that squares with the Establishment Clause of the First Amendment

Turns out that we don’t really commemorate today as the crucifixion date, and it is just coincidence that the official State “spring holiday” occurs on the same day. (And this being Hawaii, in the end it’s really a public worker union thing like a lot of things.)

Good Friday is a legal holiday in the State of Hawaii pursuant to Haw. Rev. Stat. § 8-1. [Barista’s note:

Continue Reading Tomorrow Is Hawaii’s Secular Good Friday Holiday – How So?

Screenshot 2023-04-04 at 09-45-09 Information - Texas Eminent Domain Conference

If you are in the Austin area (or anywhere in Texas for that matter), please consider joining us April 13 and 14, 2023 for the 22d Annual Texas Eminent Domain Conference.

Two days of great programming and talking shop, plus a chance to connect and re-connect with friends and colleagues. And, of course, all the things Austin has to offer. Yes were were there not that long ago, but come on…Austin is a great conference venue, right?

We’re speaking about “National Eminent Domain and Takings Trends,” and the balance of the program is pretty darn good also (see here or below for the full agenda).

Registration ongoing, but space is filling up fast so don’t miss out.

See you there.

Agenda & Program, 22d Annual Texas Eminent Domain Conference (CLE Int’l), Austin, Apr. 13-14, 2023)

Continue Reading Join Us At The 22d Annual Texas Eminent Domain Conference, April 13-14, Austin

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Check out the U.S. Court of Appeals for the Eighth Circuit’s opinion in Pharmaceutical Research and Manufacturers of America v. Williams, No. 21-1731 (Apr. 3, 2023), where the court reinstated a complaint dismissed by the district court for lack of standing.

The Eighth Circuit held that even though the “usual” remedy for a regulatory taking is just compensation, where a state’s just compensation remedy would be inadequate, the property owner may seek equitable relief such as a declaratory judgment or an injunction. [Disclosure: our law firm filed an amicus brief in support of the plaintiffs, arguing that equitable is available in takings claims.] 

The complaint challenged Minnesota’s Insulin Affordability Act, which requires insulin manufacturers to provide insulin at no charge to eligible Minnesotans in 90-day increments for up to one year. The manufacturers argued that the Act works a taking, and sought to enjoin its enforcement. Note that

Continue Reading CA8: Where A State’s Just Comp Remedy Is Inadequate, You Can Sue For Injunctive Relief For A Taking