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UrbanLawyer.v.50.1 articles

The latest issue of The Urban Lawyer, the scholarly law journal of the ABA’s Section of State and Local Government Law (our Section) has been published. Takings mavens are going to like this one:

  • William W. Wade, Love Terminal: A Tale of Two Theories – our friend and colleague Bill’s final work.
  • Kenneth Stahl, Home Rule & State Preemption of Local Land Use Control – land users and muni lawyers: read this.
  • Eric Lynch, Fifth Amendment on Fifth Avenue: New York City Taxicab Medallions App-Dispatch Services & Just Compensation in Regulatory Takings – a former student of ours and now colleague, on sharing economy takings; this article began life as his final paper for our class.
  • Robert Freilich, et al., The California Coastal Commission & Beach Access: The Necessity for Overriding City & County Ordinances Banning the Use of Short-Term Vacation Rentals in the Coastal Zone –

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Continue Reading Latest Issue Of The Urban Lawyer: Two Takings Theories, Home Rule, Rideshare Takings, And Vacation Rentals In The Coastal Zone

25 Years of PASH_Schedule

Mention the term “PASH” to any dirt lawyer in the 50th State, and they’ll nod in understanding. It’s an 808 shibboleth — a kind of local property password — that signals that you’ve been around the block and know your stuff.

On one hand, it is simply an acronym for Public Access Shoreline Hawaii, the plaintiff/petitioner in the (in)famous case Public Access Shoreline Hawaii v. Hawaii Cnty. Planning Comm’n, 903 P.2d 1246 (Haw. 1995). On the other, however, it has evolved into shorthand for a number of things: from the technically accurate – native Hawaiian customary and traditional rights and practices under the Hawaii Constitution (“I was chasing a pua’a on private property, so I cannot be convicted of trespass because I was exercising my PASH rights”); to generically and cheekily – the ability to access the beach and shoreline (“Surf’s up today, let’s go practice some PASH rights!”)…

Continue Reading PASH Bash: U. Hawaii Law Review Symposium – “25 Years of PASH” (Feb. 5, 2021)

Diehard

If you are like us, today’s kind of a slow day work-wise. Relax, watch a holiday movie, take it easy.

Us, we’re reading. Not totally frivolous, mind you. A couple of scholarly pieces we’ve been meaning to take a look at for a while. We recommend you do so also. Maybe not today (we understand if you want to take it really easy), but soon.

  • First, for you takings mavens: Molly Brady’s “The Domino Effect in State Takings Law: A Response to 51 Imperfect Solutions,” which suggests that “takings law has often been marked by uniformity, rather than state-level variation and innovation—uniformity driven, in part, by the force of other states’ rules. This domino effect is the consequence of both specific features of takings doctrine and organic borrowing.” Professor Brady then offers “some tentative thoughts on why property and takings law have tended to yield homogeneity and eliminate

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Continue Reading Light Holiday Reading: State Takings Law, And Home Rule

Callies Book Launch Invitation Announcement_Page_1

Come join us for the book party for Professor David Callies’ recently published (by the ABA State and Local Government Law Section) book, “Regulatory Takings After Knick.”

We’re online (of course), so you don’t have to come to Honolulu – we’re on Zoom:

Date: Thursday, October 29, 2020

Time: 4-5pm Hawaii Time

RSVP: No need to RSVP, just follow the Zoom link on the flyer below.

Is joining at 4pm Hawaii Time too late in the day in your time zone? We will be scheduling a “pre-event” on Zoom where you can record your video congratulations for Professor Callies. Details to be posted here shortly, or email us.

And yes, buy this book. As the back cover blurb notes:

The problem with so much regulatory takings scholarship — like the Supreme Court’s takings doctrine itself — is that it is muddled and murky, and casts shadow…

Continue Reading You’re Invited: Book Launch For “Regulatory Takings After Knick” (David Callies), Oct. 29, 2020

Title

Check this out, a newly-published article on takings by two eminent Florida takings practitioners, Alicia Gonzalez & Susan L. Trevarthen, Deciding Where to Take Your Takings Case Post-Knick, 49 Stetson L. Rev. 539 (2020).

If the title isn’t enough to grab your interest, here’s the description in the Introduction,

Post-Knick,both plaintiffs and defendants have an option available to them that was previously unavailable. This Article will discuss the options that litigants on either side now have in federal takings cases and evaluate which options are desirable depending on the objectives of a particular litigant. Part II will discuss the history of the state-litigation requirement and the theoretical underpinnings of the Williamson County decision in which the state-litigation requirement was imposed. Part III will discuss Knick and the Supreme Court’s reasoning for reversing its own precedent in Williamson County. Part IV will discuss the new options…

Continue Reading New Law Review Article: “Deciding Where to Take Your Takings Case Post-Knick

Callies_book
by David Lee Callies

Coming soon (August), a new book from lawprof David Callies on what might be our favorite subject, regulatory takings.

We had a chance to review the proofs, and we highly recommend this one for your bookshelf. We’ll bring you more once published. But for now, you can reserve your copy here.

Here’s the description:

Regulatory Takings after Knick summarizes the Supreme Court’s recent decision in Knick v. Township of Scott which does away with the state action prong of the Court’s former ripeness test and what it means for the law of regulatory taking of property. It emphasizes total takings after Lucas v. South Carolina Coastal Commission and the exceptions which permit government to so strictly regulate property as to permit no economically beneficial use of it.

The Supreme Court’s recent decision in Knick v. Township of Scott has been aptly described by some commentators

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Continue Reading New Book Coming In August: Regulatory Takings After Knick by David Callies

Parslow article

I must say that am pretty chuffed that one of my (now former) William and Mary Law students published a law review article, and he wrote about…takings. And Blackstone, and history.

Read it: Andrew Parslow, A Defense of the Regulatory Takings Doctrine: A Historical Analysis of This Conflict Between Property Rights and Public Good and A Prediction for Its Future, 44 Wm & Mary Environ. L. & Pol’y Rev. 799 (2020).

Well done! Continue Reading New Article: “A Defense of the Regulatory Takings Doctrine: A Historical Analysis of This Conflict Between Property Rights and Public Good and A Prediction for Its Future”

We joined friend and colleague Clint Schumacher for the milestone 50th episode of his essential Eminent Domain Podcast. 

If you are not already a subscriber and regular listener, you should be. Clint features interesting guests (present company excepted) and listening in is a good way to keep our community together, especially when many of us may be feeling isolated and shut off from our friends and fellow property law travelers.

The 50th Episode is indeed a milestone. Anyone who has tried it knows that putting together a podcast is nowhere near as simple as you might think. Scheduling guests. Getting the sound right. Mixing boards. Editing it so the guest doesn’t sound completely illiterate (thanks for removing the “you knows” and “uhhhhhs,” Clint). Bumper music. So thank you Clint, for providing this service for the rest of us. (If you have any suggestions for guests or topics, be sure…

Continue Reading We Join Clint Schumacher For The 50th Episode Of The Eminent Domain Podcast To Talk COVID Takings