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Earlier today, I moderated a panel of expert speakers on the topic of “Civil Forfeiture of Property” at the 12th Annual Brigham-Kanner Property Rights Conference at William and Mary Law School in Williamsburg, Virginia. 

Sara Sun Beale of Duke Law, Scott Bullock of the Institute for Justice, and Sandra Guerra Thompson of the University of Houston Law School were our speakers. Here are my introductory remarks:

Is the right of private property a “poor relation” to other civil rights, as the Supreme Court once warned? Or is the Takings Clause like the Pirate Code in Pirates of the Caribbean — more like what you’d call ‘guidelines’ than actual rules? 

If you were to look only at civil forfeiture laws — what one of our speakers has eloquently referred to as “policing for profit” — you might think so.

These laws allow government to seize private property without first convicting or even charging…

Continue Reading Introduction To The Civil Forfeiture Panel At The 2015 Brigham-Kanner Property Rights Conference

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Greetings from the William and Mary Law School in (rainy) Williamsburg, Virginia, where we’re speaking at the 12th Annual Brigham-Kanner Property Rights Conference. 

This year’s B-K Prize winner is Harvard Law’s Joseph Singer, who we wrote is “an interesting choice, given his theory that a ‘robust regulatory structure’ goes hand-in-hand with property rights, liberty, and the free market. Robust regulation isn’t exactly what you might think of when you think property rights, is it?” As another lawprof noted about Professor Singer, he “is such a believer in private property that he thinks everyone should have some.”

If that quote doesn’t quite compute for you — it’s a nice thought, for sure, but how do you get from here to there is what we want to know — you are not alone. Last year’s B-K Prize winner, Michael Berger spoke during the first morning session, and submitted this piece…

Continue Reading “Joe is such a believer in private property that he thinks everyone should have some” – The 2015 Brigham-Kanner Property Rights Conference

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We’re in Detroit and environs for the weekend, doing some scouting for an upcoming meeting of the ABA’s Section of State and Local Government Law.

Had a Faygo Redpop at the site of Tiger Stadium in Corktown, dinner in Poletown, a fresh peach at the Saturday Eastern Market, and read this recent Sixth Circuit opinion reinstating the Insane Clown Posse‘s lawsuit against federal prosecutors over the DOJ’s inclusion of Juggalos on its gang list.  

Although things look like they’re on the uptick here, Detroit has a long way to go. For some insight on how they got this bad, check out Professor Kanner’s recent article, “Detroit and the Decline of Urban America,” 2013 Mich. State. L. Rev. 1547 (2013). 

Parsons v. U.S. Dep’t of Justice, No. 14-1848 (6th Cir. Sep. 17, 2015)

Continue Reading Detroit Travelogue

Those of you who are members of the ABA Section of State and Local Government Law, tune in tomorrow, Friday, September 11, 2015 for the Land Use Committee’s monthly call.

It will feature two speakers, talking about the California Supreme Court’s recent decision upholding San Jose’s “workforce housing” requirement against a claim that it was an “exaction” and thus should have been subject to the nexus and rough proportionality requirements of Nollan, Dolan, and Koontz.

Law of Affordable/Workforce Housing Exactions and Set-Asides 

FREE Teleconference Sponsored by the Land Use Committee
Friday, September 11, 2015
2:00 p.m. EST
Dial-in 888-3967955
Passcode 797687#
 
Speakers: David L. Callies, FAICP, Kudo Professor of Law at the University of Hawaii

Tim Iglesias, Professor of Law at the University of San Francisco School of Law (Professor Iglesias organized and co-authored an amicus brief in support of the City of San Jose).…

Continue Reading Tomorrow: ABA Land Use Committee Talk On The California Workforce Housing “Exaction” Case

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As we’ve done every year lately, we’re soon headed to the Brigham-Kanner Property Rights Conference at the William and Mary Law School in Williamsburg, Virginia.

This year, the B-K Property Rights Prize will be awarded to Harvard lawprof Joseph Singer, who is, shall we say, an interesting choice, given his theory that a “robust regulatory structure” goes hand-in-hand with property rights, liberty, and the free market. Robust regulation isn’t exactly what you might think of when you think “property rights,” is it? So it should make for an interesting conference.

Professor Singer publishes a blog that is worth following, “Property Law Developments.” It is not one of those blogs that are heavy on the analysis, but its a good place to keep up on recent developments in all things property law. 

The plaque pictured above is a list of prior prize winners.

Here are the conference details:…

Continue Reading Join Us: 2015 Brigham-Kanner Conference At William And Mary Law School

Here’s a short (approx. 10 minute) summary of the recent decision by the California Supreme Court in California Building Industry Ass’n v. City of San Jose, No. S212072 (June 15, 2015).

In that case, the court upheld the city’s “inclusionary housing” requirement against a Nollan–Dolan–Koontz challenge. The court concluded the ordinance did not impose an “exaction” because it did not demand the owner surrender land — or money in lieu of land — and thus was only subject to rational basis scrutiny and not the N-D-K nexus and rough proportionality requirements. 

The podcast is an excerpt of last week’s IMLA webinar on this case and others. 

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Links From Today’s “The Takings Issue” Webinar
Eminent Domain

Continue Reading Podcast: Cal. Building Industry Ass’n v. City of San Jose – Is An “Inclusionary” Housing Requirement An Exaction, Or Mere Zoning?

To those able to join us today for IMLA’s “The Takings Issue” webinar, thank you. Here are the links to the items which I discussed:

On Koontz:

On California Building Industry Ass’n v. City of San Jose:

…
Continue Reading Links From Today’s “The Takings Issue” Webinar

We’re in Chicago this week participating in the ABA Annual Meeting. While we really are looking forward to a slate of thrilling committee meetings, what we’re really anticipating is the CLE programming. Here are what we think are the highlights:

  • Looming Land Use Constitutional Issues –  Friday, July 31, 2:45 – 4:15 pm, Westin Chicago River North Grand Ballroom B –  Four hot land use issues: land use aspects of medical marijuana legislation; takings and exactions in San Francisco’s requirement for owners to pay departing tenants huge sums; Horne and takingsNew Jersey’s dune program. With Tony Della Pelle and Stephen Schwartz (one of the counsel for the Hornes), among others. 
  • The 2014 Supreme Court Term in Review – Friday, July 31, 2015, 10am – noon, Westin Chicago River North Promenade Ballroom C – “This panel of noted legal professionals, academics and journalists provides an overview of the Supreme Court

…
Continue Reading ABA Annual Meeting Programming: Takings, Land Use, Supreme Court, Election Law, Appellate Traps

If you need CLE credits, you are in luck. There’s a plethora of upcoming programs that may be of interest to readers. 

First, the ones we’re involved with:

  • The Takings Issue – August 10, 2015, 1 – 2pm ET (webinar) – from the International Municipal Lawyers Association. We’re joining Professors Dan Mandelker and John Echeverria, and land use lawyer Michael Giairno, to talk takings. “Two titans of takings, who just happen to have profoundly opposing views of the world, have graciously agreed to discuss the latest developments and spar. This will be the Great Debate of 2015.” Sounds like fun, no? Registration free for IMLA members, $99 for everyone else. More information, including registration, here. 
  • Is Sharing Really Caring? The Law of Transportation Sharing: Uber, Lyft, and the Sharing Economy – July 30, 2015, 2:15-3:45pm CT (in-person) –  at the ABA Annual Meeting in Chicago. We’re moderating a session

…
Continue Reading Mark Your Calendars For Upcoming Events: Takings, Sharing Economy, Fair Housing, etc.

ALI-CLE-2016-masthead

ALI-CLE has posted the registration page for the 2016 ALI-CLE Eminent Domain and Land Valuation Conference, in Austin. Register now for a $200 discount off the tuition. Or you can sign up for notification when the full brochure is published. 

Save the spot on your calendar so you can join us in Austin. 

We’re still working on the agenda and faculty, but here are the details thus far:

Date: January 28-30, 2016 (Thursday – Saturday)

Location: Hotel Van Zandt, Austin Texas

Reserve your hotel room here. [link updated 7/8/2015]

More about the annual conferences — the premiere CLE programming on the subject, in our opinion — here. 

Stay tuned for more information. We’ll continue to keep you posted. 

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Continue Reading 2016 ALI-CLE Eminent Domain Conference (Austin) Early Registration Available