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SCOTUS

Tomorrow, Wednesday, April 26, 2023, at 10:00 a.m. Eastern Time, the U.S. Supreme Court will be hearing oral arguments in Tyler v. Hennepin County, No. 22-166, our law firm’s case which argues that Hennepin County’s keeping the excess equity in Ms. Tyler’s home over what she owed in property taxes and fees, is an uncompensated taking of private property, and also violates the Excessive Fines Clause.

Listen to the arguments live, here.

We posted some preview links earlier this week here. But wait, there’s more!

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Continue Reading More SCOTUS Takings Previews (Argument Tomorrow, 10am ET)

The Court has already started loading up next Term’s property rights docket, with last week’s grant of this cert petition.

Before we go further, a disclosure: our law firm colleague Deborah La Fetra filed an amicus brief urging the Court to grant review. Thus, we’re not going to be taking a deep dive into the issues, but will leave that to others. Luckily, lawprof Ilya Somin (as is often the case) beat us to the punch, analyzing the issues in “Supreme Court Decides to Hear Important Asset Forfeiture Procedural Property Rights Case” at the Volokh Conspiracy. Check it out.

Here’s the Question Presented:

In determining whether the Due Process Clause requires a state or local government to provide a post seizure probable cause hearing prior to a statutory judicial forfeiture proceeding and, if so, when such a hearing must take place, should district courts apply…

Continue Reading SCOTUS To Weigh In On Due Process In Civil Forfeiture

Take a deep dive into the arguments and amicus briefs

This Wednesday, April 26, 2023, the U.S. Supreme Court will hear oral arguments in Tyler v. Hennepin County, No. 22-166, our law firm’s case which argues that Hennepin County’s keeping the excess value in Ms. Tyler’s home over what she owed in property taxes and fees, is an uncompensated taking of private property, and also violates the Excessive Fines Clause.

Here are links to programs, summaries, and events to help you understand the arguments and issues, as well as registration for post-argument analysis:

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Continue Reading Get Ready For SCOTUS Takings Arguments (Wednesday, April 26, 2023)

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Good crowd.

Here are the cases and other materials we spoke about on Friday at the 22d Annual Texas Eminent Domain Conference, in Austin. A big thank you to the Planning Chairs and to our friends at CLE International for the speaking invite.

The other cases discussed are in your materials!

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The nearby Caldwell County Courthouse. A classic.

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Why did no one tell me that Jabba’s Palace is in Austin?Continue Reading Links And Materials From The 22d Annual Texas Eminent Domain Conference

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

Here’s the latest SCOTUS cert petition, filed by our law firm colleagues Dave Breemer and Deborah LaFetra. Because this is one of ours, we won’t be commenting, but leave it to you to digest it yourself.

Here’s the Question Presented:

Frank and Rachel Revere and David and Judith Kagan (Owners) own a duplex in Los Angeles, California, as tenants in common. The Reveres live in one unit. In 2019, the Reveres applied to the City to displace a month-to-month tenant in the other unit, so they could move in their own family members. The City denied the request, concluding the tenant was protected from eviction for a family move-in under Los Angeles’ Rent Stabilization Ordinance. The Owners sued, alleging the City’s decision forced them to suffer a physical taking of their property.

The question presented is:

Whether a law that bars termination of a tenancy, and compels the occupation…

Continue Reading New Takings Cert Petition: Yee v. Escondido And Physical Occupations

As we wrote up here, national zoning and planning expert Nolan Gray joined our U. Hawaii Land Use class (and the public) last week for a talk about whether zoning is an impediment to affordable housing in Hawaii.

Thank you to Grassroot Institute of Hawaii for recording the talk, as well as making Mr. Gray’s appearance in our classroom possible. See Grassroot’s summary of his presentation here.

If you’d prefer to just listen, try this.

Continue Reading Video: “Are Zoning Laws the Cause of Hawaii’s Housing Crisis?” With Nolan Gray

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The session was recorded.
Here’s the video and audio.

Earlier this week, planner M. Nolan Gray, author of the new book, “Arbitrary Lines: How Zoning Broke the American City and How to Fix It” (Island Press 2022) joined our Land Use class at the University of Hawaii Law School to talk about zoning and housing.

The title of his talk was “Are zoning laws the cause of Hawaii’s housing crisis?” The subject matter is important, and the public was invited to join us. As you can see, there was a lot of interest in this critical topic and turnout was excellent. 

Thank you to the Grassroot Institute of Hawaii for their sponsorship of the event, and for generously getting Mr. Gray to Honolulu for his in-person appearance. It was also nice to have refreshments following class, and a chance to “talk story” (as we…

Continue Reading A National Zoning Expert Pays A Visit To The L580 Land Use Class At U. Hawaii