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You may have missed the live program, but it’s still not too late to get the podcast of a recent discussion of Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (June 17, 2010), the Supreme Court case about judicial takings and beachfront property. Here’s the course description from ALI-ABA:

In an unusual takings case, Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, the Florida Supreme Court relied on state real property law to conclude that the objecting beachfront property owners lacked a valid property right, and thus the state could “renourish” the beaches. The beachfront owners appealed to the U.S. Supreme Court, asking it to recognize a new doctrine of judicial takings.

On June 17, 2010, the Supreme Court issued its opinion, which may be a partial victory for property-rights advocates. Chief Justice Roberts, and Justices Scalia, Thomas, and Alito all endorsed the idea that…

Continue Reading Another Podcast On The Judicial Takings Case (Stop The Beach Renourishment v. Florida)

Mark you calendars: from August 25-28, 2010 in Santa Fe, New Mexico, ALI-ABA is putting on the annual program, Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation.

We won’t be able to attend this year, but we have in the past, and the program and the faculty is first-rate. Go here for details, agenda, faculty list, and registration information. Continue Reading Land Use Institute – ALI-ABA Program – Aug. 25, 2010, Santa Fe

Mark you calendars: from August 25-28, 2010 in Santa Fe, New Mexico, ALI-ABA is putting on the annual program, Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation.

We won’t be able to attend this year, but we have in the past, and the program and the faculty is first-rate. Go here for details, agenda, faculty list, and registration information. Continue Reading Land Use Institute – ALI-ABA Program – Aug. 25, 2010, Santa Fe

This Friday, August 6, 2010 from 2:30 – 4:00 p.m. as part of the ABA Annual Meeting in San Francisco, the Section of State and Local Government Law is co-sponsoring a panel discussion of what was, in my opinion, the most fascinating case of the Supreme Court’s recently-concluded term, Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (June 17, 2010).

This Term, the Court dealt with corporate speech, guns, “crush videos,” process patents, and Sarbanes-Oxley, but in Stop the Beach Renourishment, the Court attempted to tackle the most metaphysical of questions: can a state supreme court decision “take” property by changing the law? In the case, the Court came tantalizingly close to holding that a state supreme court decision can run afoul of the Fifth Amendment’s Takings Clause and take property without just compensation. The Court concluded that the Florida Supreme Court’s…

Continue Reading Upcoming ABA Panel On The Judicial Takings Case (San Francisco 8/6/2010)

Today’s U.S. Supreme Court decision in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 is generating a lot of analysis and commentary. When the case was filed and argued, we suspected it would generate keen interest, so in anticipation, the ABA’s State and Local Government Law Section assembled an expert panel discussion of the case at the upcoming ABA Annual Meeting in San Francisco.

Update and Lessons of Stop the Beach Renourishment v. Florida Department of Environmental Protection is scheduled for August 6, 2010 from 2:30 – 4:00 p.m. at the Hilton San Francisco Union Square. I will be moderating the panel, which includes expert takings law advocates and scholars. All of us filed briefs in the case:

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Continue Reading ABA Panel On Stop The Beach Renourishment (San Francisco, 8/6/2010)

Yesterday, I had the pleasure of speaking to members of the Western Manufactured Housing Communities Association about some of the legal issues facing their businesses, and property owners in general. Here are the links I mentioned:

  • Guggenheim v. City of Goleta, 582 F.3d 996 (9th Cir. 2009) (en banc review ordered Mar. 12, 2010). This is the very important case regarding the city’s mobile home rent control ordinance, which the Ninth Circuit panel concluded worked a facial taking of property under Penn Central. We have the briefs which have been filed for en banc review, and will be posting them in the upcoming days. Most definitely a case to watch.
  • A recent opinion from the California Court of Appeal in another rent control

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Continue Reading Links From WMA Presentation – Regulatory Takings, Rent Control, And Guggenheim

On Friday, April 30, 2010, as part of the Spring Meeting of the ABA’s Section of State and Local Government Law, I’ll be presenting a paper Recent Developments in Challenging the Right to Take in Eminent Domain (SSRN posting here) during the “Land Use Hot Topics” program.

If you are in South Florida, the in-person program will be at Holland & Knight, 701 Brickell Avenue, Miami, from 12:30 – 2:00pm. If you can’t be there in person, you can sign up for the “virtual” meeting (a teleconference and live audio webcast) here. Either way, hope you can join us.

The program will also cover such topics as Religious Land Use Update, Recent Developments in Comprehensive Planning, The Miami Beach Art Deco District, Official Immunity in Making Local Zoning Decisions, and Uses and Limits of the Fair Housing Act and the Americans With Disabilities Act. Registration also includes two…

Continue Reading Upcoming: Land Use Hot Topics Program (In Person And Online)

Aliaba We just wrapped up the annual three-day Festival of Eminent Domain Law, otherwise known as the American Law Institute | American Bar Association’s two CLE conferences, “Eminent Domain and Land Valuation Litigation,”and “Condemnation 101: How To Prepare and Present an Eminent DomainCase.” 

Dana Berliner, Matt Fellerhoff and I spoke about about “Winning Arguments in Challenging the Right toTake and Public Use” in the Land Valuation course, and in the 101course, I presented a session on “Voir Dire: Selecting a Jury in a Post-Kelo Era in a Down Economy” with William Blake and Susan MacPherson.

The depth of talent teaching and attending these courses is unbelievable, so I always learn more at these conferences than I impart. Among the other presenters were our fellow law bloggers Gideon Kanner, Anthony Della Pelle and Edward McKirdy. Internet marketing strategist Jayne Navarre also presented an interesting session on using…

Continue Reading ALI-ABA Annual Eminent Domain Conference Wrap-Up

There is still time to register for the two ALI-ABA eminent domain conferences, “Eminent Domain and Land Valuation Litigation,” and “Condemnation101: How To Prepare and Present an Eminent Domain Case,” being heldconcurrently at the Westin Kierland Resort in Scottsdale, Arizona.

Thefirst course is designed for attorneys with some condemnationexperience, while the second is an introduction or refresher to thebasic concepts and techniques in a condemnation case. These are greatprograms, and registration discounts are available.

Moreinformation about “Eminent Domain and Land Valuation Litigation” isavailable here, and about “Condemnation 101” here.

Along with Dana Berliner and Matt Fellerhoff, I’ll be speaking about “Winning Arguments in Challenging the Right to Take and Public Use” in the Land Valuation course, and in the 101 course, I will be speaking with William Blake and Susan MacPherson about “Selecting a Jury in a Post-Kelo Era.”

If you attend, please stop by and Continue Reading Off To The ALI-ABA Eminent Domain Conferences

On December 16, 2009, from 2 – 3 pm EST, ALI-ABA is presenting “The Aftermath of Atlantic Yards: Eminent Domain in New York,” a 1 hour program about the decision of the New York Court of Appeals in Goldstein v. New York State Urban Development Corp., No. 178 (Nov. 24, 2009):

The recent ruling by the New York State Court of Appeals ruled that itis lawful for the state to seize private land for use by privatedevelopers. The New York appeals-court ruled that the constitutionallows the state entity to seize the downtown Brooklyn land to improveblighted conditions. Land owners had argued that the area was notblighted, but instead a stable neighborhood. The decision is a blow toprivate land owners who have argued that they are defenseless when thegovernment deems their land necessary for eminent domain or the “publicgood.”

Join our panel of experts as they discuss the issues…

Continue Reading Mark Your Calendars: ALI-ABA Program “The Aftermath of Atlantic Yards: Eminent Domain in New York”