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The William and Mary Law School has announced the recipient of the 2018 Brigham-Kanner Property Rights Prize, Cardozo School of Law Professor Stewart E. Sterk.

He will receive the prize at the 15th Annual B-K Conference in Williamsburg, October 4-5, 2018. 

Sterk’s publications span a wide variety of areas, ranging from property and land use regulation to trusts and estates, copyright, and the conflict of laws. A member of the American Law Institute, he served as an advisor in the preparation of the Restatement (Third) of Property (Servitudes). He has co–authored casebooks on Trusts and Estates and on Land Use, and he also edits the New York Real Estate Law Reporter, a monthly newsletter published with the assistance of Cardozo students.

He joins an impressive list of legal scholars and practitioners as prizewinners, including Frank Michelman, Richard Epstein, James Ely, Carol Rose, Michael Berger, and David…

Continue Reading 2018 Brigham-Kanner Prize Announced: Professor Stewart E. Sterk, Cardozo Law

Space is filling up, but there’s still time to join us later this month in Detroit for the 32nd Annual Land Use Institute (April-19-20). 

We’ll let program Planning Chair Frank Schnidman explain all the reasons why, and we’ll add only these points: (1) it’s a very good program that won’t take much of your time (fly in for the Thursday afternoon program, stay a night, fly home on Friday evening); (2) Detroit is the place to be these days; and (3) it’s one of the best deals in CLE credits, with tuition as low as $400.

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Continue Reading There’s Still Time To Join Us In Detroit: 32d Annual Land Use Institute

For those of you who have not recently attended the ALI-CLE Eminent Domain and Land Valuation Litigation Conference (which we held recently in Charleston, and which we’re planning for in Palm Springs in Jnauary 2019), here’s another sampling of the kind of thing we do.

It’s our New Jersey colleague Anthony Della Pelle talking about the issues in “Orange Barrel Litigation: Temporary Takings Caused by Construction,” in the session he shared with Professor Matthew Holt.

A very informative session, and these clips only give a small taste. More here, from ALI-CLE, including links to the on-demand video sessions we recorded in Charleston.  

It isn’t too early to mark your calendars for Palm Springs, January 24-26, 2019. Stay tuned here for further details as they become available.

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Continue Reading Tony Della Pelle On “Orange Barrel Litigation: Temporary Takings Caused By Construction”

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Here’s the printable brochure with the details on the 32nd Annual Land Use Institute in Detroit, April 19-20, 2018. We’ve plugged the program before so we won’t do so again, except to say that you really should attend because (1) it’s a very good program that won’t take much of your time (fly in for the Thursday afternoon program, stay a night, fly home on Friday evening); (2) Detroit is the place to be these days; and (3) it’s one of the best deals in CLE credits, with tuition as low as $400.

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Continue Reading April 19-20, 2018: Land Use Institute, Detroit (Printable Brochure)

For those of you who have not recently attended the ALI-CLE Eminent Domain and Land Valuation Litigation Conference (just wrapped in Charleston, planning Palm Springs 2019), here’s a small sampling of the kind of thing we do.

It’s U. Virginia lawprof Molly Brady talking about the U.S. Supreme Court’s regulatory takings decision in Murr v. Wisconsin, in the session she shared with John Groen (the Murrs’ Supreme Court counsel). A really informative session, and these clips only give a small taste. More here, from ALI-CLE, including links to the on-demand video sessions we recorded in Charleston.  

And it’s not too early to mark your calendars for Palm Springs, January 24-26, 2019. Stay tuned here for further details as they become available. 

Continue Reading Professor Molly Brady On Murr – Video Clips From The ALI-CLE Eminent Domain Conference

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Mark your calendars, plan to come: Detroit, April 19-20, 2018. For what is perhaps the best deal in CLE (tuition as low as $400), the 32d Annual Land Use Institute, sponsored by our section of the ABA, the Section of State and Local Government Law.

The venue is the Detroit Mercy School of Law, and the conference hotel is the historic Westin Book Cadillac in downtown Detroit. The Land Use Institute is being held in conjunction with the Section’s Spring State and Local Law Conference. Register for one conference, and you are free to move between sessions (no additional registration fees).

Planning Chairs Frank Schnidman and Dean Patrica Salkin have assembled an excellent faculty and program for the two days. Topics include: “Nuts and Bolts of Land Use Practice: Vested Rights and Regulatory Takings,” “Public-Private Partnerships,” “Climate Change and Resilient Development,” “Client…

Continue Reading 32nd Annual Land Use Institute: Detroit, April 19-20, 2018

At the recent ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Charleston, South Carolina, we held an after-hours preview of the upcoming feature film about the Kelo case, “Little Pink House.” (Based on Jeff Benedict’s book, which we reviewed here.)

The filmmakers graciously allowed us to preview it at the Conference, and we screened selected clips from the film (along with a few others from other eminent domain movies for comparison), and asked one of the lawyers depicted in the film (the Institute for Justice’s Dana Berliner) to comment: reality? Fiction? Somewhere in between? We’ll post a full review of the film soon, and let you know. 

Well, your chance to decide for yourself is coming soon. The producers have announced that the film has a release date, April 20, 2018. As the Hollywood Reporter noted:

The movie will be released in theaters…

Continue Reading Coming Soon To A Theater Near You: “Little Pink House”

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Here’s the (draft) article from our poriton of the first panel at the 2017 Brigham-Kanner Conference, “Back to the Future of Land Use Regulation.” (Also posted on SSRN here.)

This is an expanded version of our talk (listen to the audio here) during the Conference during which the William and Mary Law School awarded U. Hawaii lawprof David Callies the Brigham-Kanner Prize. Our summary of the conference is posted here.

We were part of the panel entitled “The Future of Land Regulation and a Tribute to David Callies,” along with Professors Shelly Saxer and Jim Ely, and past B-K Prize winner Michael Berger. Professor Callies also delivered his opening remarks during this session.

This article has been submitted to the Brigham-Kanner Property Conference Journal which should be published later this year. 

Back to the Future of Land Use Regulation (draft Feb 11, 2018) Continue Reading Back to the Future of Land Use Regulation – Brigham-Kanner Article

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We’re on our third day at the 2018 ALI-CLE Eminent Domain and Land Valuation Conference in Charleston, SC, and as usual, we’re having our headline presentations by takings guru Michael Berger (pictured above), who is updating us on the most interesting and important cases of the past year, and Jim Burling, who will be answering the question, “Should We Rethink Regulatory Takings Law? The Takings Clause, Privileges and Immunities, and Due Process.”

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Here are links to the…

Continue Reading ALI-CLE Eminent Domain Conference, Third Day: Berger And Burling On Takings

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This morning, at the 2018 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Charleston, South Carolina, we announced the dates and venue for the 2019 Conference: Palm Springs, California.

The conference hotel is the Renaissance Palm Springs Hotel, which has the advantage of being a resort facility, but right in town (so you will have many options for “off campus” activities like art museums, the aerial tram, golf, and whatever suits your fancy). Plus, it’s a short hop from the Palm Springs airport.

This in-person registrations for 2018’s Charleston program sold out, as did our conference hotel, so for 2019 we chose a location and hotel which can accommodate the growth of the conference. But one of the lessons learned from this year’s conference is that you should hold the dates on your calendar now, and when ALI-CLE releases the registration page, you should not wait to…

Continue Reading 2019 ALI-CLE Eminent Domain & Land Valuation Litigation Conference Venue Announcement: Palm Springs, CA, Jan 24-26, 2019