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Regulato Takings!

A modest but very knowledgeable crowd joined us today at the ABA Annual Meeting in New York for a panel discussion and analysis of Murr v. Wisconsin. Here is the recording of our portion of the presenation (10mb mp3).

Here are links to some of the materials which we and the others discussed: 

Continue Reading Murr v. Wisconsin Sound Bytes From The ABA Annual Meeting Program

Here’s the Brief in Opposition in Nies v. Town of Emerald Isle, No. 16-1305 (Aug. 11, 2017), the case in which North Carolina property owners are asking the U.S. Supreme Court (cert petition here) to review a N.C. Court of Appeals decision which involves wet and dry sand beaches, the location of the public trust boundary, and other favorite topics.

The case arose because the N.C. Legislature by statute moved the public trust” shoreline landward, and allowed the public to use what had formerly been private beach.  We filed an amicus brief in the case, supporting the property owners. 

We’ll also post the reply brief when it is filed. Stay tuned. 

Brief in Opposition, Nies v. Town of Emerald Isle, No. 16-1305 (Aug. 11, 2017) 

Continue Reading Brief In Opposition In Public Trust Takings Case

Chair Reception SLG 8-11-2017 invitation

If you are scheduled to be in or near New York City on Friday, August 11, 2017, please consider attending one or both of the following events:

  • 10-11:30am, Midtown Hilton, Concourse E, Concourse level: “Murr and Beyond: Implications for Regulatory Takings.” Yes, Murr is the case that keeps on giving, and has already given CLE providers numerous opportunities to add to their coffers. The ABA is sponsoring this program, which includes the lawyers for the two main parties, and two (me included) lawyers who do this kind of thing. Come,  join your colleagues for a roundtable discussion of the case, and more importantly, what comes next. With John M. Groen, Principal Attorney, Pacific Legal Foundation, Sacramento,CA; Robert Thomas, Damon Key Leong Kupchak Hastert, Honolulu, HI; Hon. Misha Tseytlin, Solictor General , WI Dept. of Justice, Madison,WI; and Nancy Stroud, Land Use Attorney, Lewis Stroud & Deutsch, Boca Raton, FL. Our

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Continue Reading ABA CLE, NYC: “Murr and Beyond: Implications for Regulatory Takings” – Aug 11, 2017

ALI Murr Title Card

One last reminder: next Tuesday, July 25, 2017 at 2:00 pm Eastern, is “The U.S. Supreme Court and Property Rights: The ‘Larger Parcel” Issue and the Future of Regulatory Takings,” ALI-CLE’s first look at the U.S. Supreme Court’s recent decision on the “larger parcel” or denominator issue in regulatory takings cases where the plaintiff owns more than a single parcel, Murr v. Wisconsin.

Please come and join Sara Beachy, Michael Berger, Steven Eagle, and John Groen for lively and informative analysis and discussion. I will be introducing and moderating the panel. 

Details, including registration and CLE credit information here. Registration is $199, or, if you have attended one of our in-person Eminent Domain and Land Valuation Conferences in the past (the 2018 Conference in set for Charleston, SC, January 25-27, 2018, at the Francis Marion Hotel, stay tuned here for details shortly)…

Continue Reading ALI-CLE: The Larger Parcel Issue and the Future of Regulatory Takings (July 25, 2017)

Update 7/24/2017: Here is our contribution to the article scene.

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Someone (I think it was Professor Ilya Somin [update: confirmed – he noted it here]) recently noted that if nothing else, the U.S. Supreme Court’s decision in Murr v. Wisconsin will be a boon for law professors looking for something to fill up law journals. Sidebar: here’s a link to some of the commentary so far on Murr.

And not only for lawprofs, we hope. Their stuff can be useful, but we think there’s a need for those of us in the practicing Bar to contribute as well. We often complain that legal scholarship isn’t of much use to us down in the trenches, so here’s one chance to address that. Stop kvetching and start writing! I’ll do my part, and am currently underway with an article that I anticipate will make three main points:

First…

Continue Reading Murr: The Law Review Editors’ Full Employment Act

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Now that the dust has settled somewhat, for your weekend reading, here are your links to some of the vast amount of commentary which the Murr v. Wisconsin decision has thus far generated:

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Continue Reading Murr Round-Up

Winter storms damaged a seawall which protected a blufftop, oceanfront home. The owners, not surprisingly, wanted to rebuild the wall to protect their home. The Coastal Commission, as is its wont, saw this as an opportunity to extract some goodies from the owners. So it granted a limited-term permit to rebuild the wall, conditioned on the owners not repairing a stairway leading from the top of the bluff to the private beach:

Ultimately, the Commission approved a coastal development permit allowing seawall demolition and reconstruction, with the addition of midbluff geogrid protection below Lynch‟s home. The permit was subject to several conditions, three of which are at issue here. Special condition No. 1(a) prohibits reconstruction of the lower stairway. Special condition No. 2 provides that the seawall permit will expire in 20 years and prohibits future blufftop redevelopment from relying on the seawall as a source of geologic stability or…

Continue Reading California Supreme Court: Accept The Exaction, Or Let Your Home Fall Into The Sea – Your Choice

Here are links to the cases and materials we spoke about today during our portions of the APA’s 2017 Planning Law Review webinar:

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Continue Reading Cases And Links From Today’s American Planning Association’s 2017 Planning Law Review

SLG-Invitation-Chair-Reception-NYC-8-11-2017

If my colleagues don’t wise up and change their minds before August, I am slated to become Chair of the ABA’s Section of State and Local Government Law (which, by the way, includes an Eminent Domain Committee, Chaired by Howard Roston, and co-Chaired by Kelly Walsh and John Peloso). On Friday, August 11, at the ABA Annual Meeting in New York City, we’ll be having a party to celebrate, and you are invited. 

Earlier that day, our Section is producing a CLE session about the US Supreme Court’s recent decision in Murr v. Wisconsin, “Murr and Beyond: Implications for Regulatory Takings,” featuring two of the arguing counsel in the case (John Groen (PLF), and Misha Tseytlin (Wisconsin SG), and commentary from me and Nancy Stroud (FL). Judge (ret.) Peter Buschbaum (NJ) is moderating. We’ll not only try and figure out what the majority did in Murr,…

Continue Reading Friday, Aug 11, 2017, New York City: Chair-Elect Reception, Unpacking Murr – ABA State & Local Govt Law Section

There’s a lot of buzz about “what’s next” after Murr v. Wisconsin, and what this case may augur for regulatory takings. There are already quite a few discussions and analysis panels scheduled, including these three in which we’re participating:

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Continue Reading Your Post-Murr Reading List