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Screenshot 2024-09-26 at 09-41-29 Too Far Imagining the Future of Regulatory Takings

There’s still time to join us next Friday, October 4, 2024, at the Antonin Scalia Law School (George Mason University) for the symposium “Too Far: Imagining the Future of Regulatory Takings.”

Co-produced by our outfit (Pacific Legal Foundation) and the Journal of Law, Economics & Policy, the symposium will feature the most cutting-edge legal academics and courtroom practitioners discussing what is on the horizon in regulatory takings. Here’s the description of the program (full agenda and presenter list below):

A century ago, Supreme Court Justice Oliver Wendell Holmes cautioned government that if property regulations went “too far,” they would be “recognized as a taking.” Flash forward to today, where governments are constantly trying to push the limits while the courts struggle to define what exactly “too far” means.   

Join Pacific Legal Foundation and George Mason University’s Journal of Law, Economics, and Policy for a day-long symposium…

Continue Reading Too Far: Imagining the Future of Regulatory Takings (Friday, Oct. 4, 2024)

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The 21st Brigham-Kanner Property Rights Conference is underway at the William and Mary Law School. We have a series of student-oriented programs (co-sponsored by the Office of Careers Service),

Tomorrow, lawprof Lee Anne Fennell of the University of Chicago Law School will be presented the Brigham-Kanner Property Rights Prize for her work on “how property rights are structured and imagined, and the implications that different possibilities hold for the allocation of resources and the way societies are organized. She has cast these issues in terms like ‘slices’ versus ‘lumps,’ ‘unbounded’ homes, ‘half-torts,’ and ‘streaming property.'”

On Friday, there’s a series of presentations on the impact of Professor’s Fennell’s work and other hot topics in dirt law. Full agenda here or below.

We are fortunate enough to be the referee — uh, “moderator” — for the group discussing what we see as the hottest issue in the field: housing. The …

Continue Reading 21st Brigham-Kanner Property Rights Conference Now Underway

As we hinted at a couple of weeks ago, we have some good — nay, great — news: the Eminent Domain Podcast, retired earlier this year by its originator Clint Schumacher, is back with a new host and a slightly new title: “Come and Take It: The Eminent Domain Podcast.”

Bobby Debelak has stepped into the host’s chair. As you might be able to tell from the new title, Bobby is also a Texas lawyer.

Here’s the first episode, where Client figuratively hands the baton to Bobby. If you haven’t already subscribed to the feed, now’s the time so you don’t miss an episode. Available on all pod feeds, so be sure to get subscribed.

Are you as excited about this as we are?Continue Reading The Eminent Domain Podcast Is Back!

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Yes, the mysterious ducks remain — and seem to have multiplied.

It’s that time of the year again. Fall’s-a-coming, and that means that starting today, we’re back at the William and Mary Law School in Williamsburg, Virginia to lead two courses:

  • Eminent Domain and Property Rights (W&M is one of the few law schools in the country that offer a course in eminent domain, just compensation, and takings)
  • Land Use Controls (an especially hot topic at the moment)

The registration numbers for both courses are good (really good), and two full classrooms of Dirt Law goodness tells us something about this area of law — it’s really interesting, and a good place to make your way in the practice, and law students recognize that.

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We don’t use $400 casebooks in either class.

Time to jack back into the (takings and land use) Matrix.

6a00d83451707369e20240a476d216200c-800wiContinue Reading Back To School For Dirt Law @ William & Mary, Season VII

Screenshot 2024-08-09 at 09-59-51 Brigham-Kanner Property Rights Conference 2024 Tickets Williamsburg Eventbrite

Come join us in Williamsburg, Virginia at the William and Mary Law School for the 21st edition of the Brigham-Kanner Property Rights Conference. The Conference is unique, because its express purpose is to bring property legal scholars and property law practitioners together to discuss, what else, property and property rights law.

Yes, there’s a healthy dose of theory and academics, but also the real-world perspectives of practicing lawyers who bring the cases that put theory into practice. (New to this event and want a preview? Here’s our write-up of the 2024 Conference.)

More details here. Register here.

The days prior to the Conference launch on Thursday All that week, we’re putting on student-oriented programming.in conjunction with the WM Law Career Services Office. Sessions on “Careers in Dirt Law,” “Land Use and Real Estate Law in Practice,” and “Comparative Property Rights,” for example, presented by experienced practitioners…

Continue Reading Register Now: 21st Brigham-Kanner Property Rights Conference, William & Mary Law School, Sep. 12-13, 2024

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If you are in the California Southland (or plan to be in the next week), please be sure to reserve on your calendar Tuesday, August 13, 2024, to join us in-person for the launch of our colleague Jim Burling‘s forthcoming book, “Nowhere to Live: The Hidden Story of America’s Housing Crisis.”

Here’s a blurb about the book, which is available for preorder on Amazon:

A century of policy mistakes ruined America’s cities and created an unprecedented housing crisis.   
 
For many families, homelessness is no longer someone else’s problem. It is right around the corner, a real threat in their own immediate future. Our housing crisis is the result of a long history of government policies, court cases, and political manipulation. While these disparate causes make up a tangled web, they have one surprising root: the attack on private property rights. For more than…

Continue Reading Book Launch Event, Aug 13, 2024: Jim Burling, “Nowhere to Live: The Hidden Story of America’s Housing Crisis”

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Join us next week with ALI-CLE for “Property Rights and Regulatory Takings at the Supreme Court.” We’ve assembled legal experts including counsel in the Sheetz and DeVillier Supreme Court cases, and a dirt law legal scholar to discuss these important decisions and answer your questions (including “what’s next?”):

The 2023-24 Supreme Court term has been another one of significance in the world of property rights. In particular, two unanimous cases directly addressed takings: Sheetz v. County of El Dorado, 601 U.S. __ (2024) (holding that the Fifth Amendment’s takings clause does not distinguish between legislative and administrative land-use permit conditions) and DeVillier v. Texas, 601 U.S. __ (2024) (holding that property owners adversely affected by a flood evacuation barrier should be permitted on remand to pursue their takings clause claims through the cause of action available under Texas law).

To better understand the importance of these…

Continue Reading Join Us July 16, 2024: ALI-CLE’s Webcast: “Property Rights and Regulatory Takings at the Supreme Court”

Screenshot 2024-06-12 at 13-31-02 Property Rights and Regulatory Takings at the Supreme Court ALI CLE

Mark your calendars and register now for the upcoming American Law Institute-CLE webinar “Property Rights and Regulatory Takings at the Supreme Court.” The focus of this program is a summary and analysis (including “what’s next?”) of the two big property and eminent domain cases decided by the U.S. Supreme Court, Sheetz (exactions), and Devillier (just compensation remedy).

We’ve brought together counsel for the property owners in the cases, as well as a legal scholar to provide an academic view of the cases and issues.

The faculty:

Screenshot 2024-06-12 at 13-31-26 Property Rights and Regulatory Takings at the Supreme Court ALI CLEDetails:

  • Date: July 16, 2024
  • Time: 12n – 1pm Eastern Time
  • Format: webinar, with audience questions
  • CLE credits: ALI-CLE programs are approved for CLE credits in most jurisdictions

Come Continue Reading Register Now! ALI-CLE Webinar “Property Rights and Regulatory Takings at the Supreme Court” (With Counsel For Sheetz & Devillier) – July 16, 2024

Screenshot 2024-05-09 at 22-29-04 Professor Lee Fennell to Receive Brigham-Kanner Property Rights Prize

Lawprof Lee Anne Fennell, whose work makes frequent appearances here (see here, here, and here for example), has been selected as this year’s recipient of William and Mary Law School’s Brigham-Kanner Property Rights Prize. See this announcement for details.

“Lee Fennell is one of the most thoughtful and thought-provoking scholars writing about property law in the United States today,” said James Y. Stern, Professor of Law at William & Mary Law School and Director of William & Mary’s Property Rights Project. “Her work examining property’s conceptual and social boundaries has almost literally helped to reshape thinking about property law, and the Brigham-Kanner Prize is a fitting tribute to her many contributions.”

Save the date: the Prize will be awarded as part of the 21st Brigham-Kanner Property Rights Conference, to be held at the law school in Williamsburg, Virginia, September 12-13, 2024. That’s a bit…

Continue Reading Lawprof Lee Fennell To Be Awarded 2024 Brigham-Kanner Property Rights Prize

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There are some rewards for working late in the 808

Yesterday was the last day of instruction for the Spring 2024 semester at the University of Hawaii Law School. Did these last few months ever go by fast. 

A big thank you to Professor Mark M. Murakami, with whom I guest-lectured at the Old School (both of us earned our JD’s at the Law School) over the semester, on such topics as Euclid, vested rights and development agreements, and of course limitations on the police power such as takings.

Although our students have another couple of weeks to finish up with their final papers, we can say with certainty that the future of Hawaii land use law is in good hands. We had some very intriguing and educational discussions over the past few months. 

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Law of the Splintered Paddle

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Old School chalkboards remain in some of the classrooms. …

Continue Reading Aloha To Another Semester Of U. Hawaii Land Use