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Screenshot 2024-04-24 at 10-12-17 VICTORY Breaking Down the Supreme Court Ruling on Permit Fees

Be sure to join our Pacific Legal Foundation colleagues Brian Hodges and Larry Salzman, and Paul Beard (arguing counsel) and Chance Weldon (Texas Public Policy Foundation) tomorrow, Thursday, April 25, 2024, at 4pm ET for a free webinar on Sheetz v. El Dorado County, the Supreme Court’s recent decision holding that all permit conditions are subject to the nexus and proportionality tests of Nollan and Dolan.

Here’s the description:

Pacific Legal Foundation just won its 18th Supreme Court victory! Join us for a virtual discussion to learn more about the case, Sheetz v. County of El Dorado, and how it helps secure property rights (and lower housing costs) for everyone. 

When George Sheetz wanted to build a modest manufactured home on the property he bought in El Dorado Country, California, the government told him he was going to have to pay a “traffic impact fee” of more than

…
Continue Reading “Breaking Down the Supreme Court Ruling on Permit Fees” (Thursday, Apr. 25, 2024, 4pm ET/1pm PT)

Our friends Kristen and Dave at the Infrastructure Junkies Podcast are doing what we hoped they would: they’ve convinced Clint Schumacher to appear as a guest and reflect on his Eminent Domain Podcast, which has produced its final episode:

The popular Eminent Domain Podcast signed off after a successful six year run. The Eminent Domain Podcast’s host, Texas attorney Clint Schumacher, joins the Infrastructure Junkies to reflect upon his show, his experiences, and all that he learned from being the pioneer podcast for the eminent domain industry. Listen in while Clint is on the business end of a rough cross examination!

It’s great to hear Clint one more time. Be sure to listen!Continue Reading A Must-Listen Infrastructure Junkies Podcast: “Curtain Call for the Eminent Domain Podcast!”

You can spend all your time making money.
You can spend all your love making time.
If it all fell to pieces tomorrow, would you still be mine?

Count me as very surprised, and a bit saddened, when earlier this week my inbox pinged with notification that the latest episode of Clint Schumacher’s Eminent Domain Podcast had dropped. And instead of it being a session with a lawyer, legal scholar, appraiser, property owner, right of way agent, or other fascinating guest, I learned the Episode 128 was to be the final edition. Or as Clint puts it, the “Farewell Episode.”

For the past several years, I got used to twice a month receiving notification that Clint had posted a new episode. I’d click though to the bumper music and that familiar intro:

Welcome to the Eminent Domain Podcast with your host Clint Schumacher of Dawson & Sodd LLP.

Continue Reading Take It To The Limit, Eminent Domain Podcast: Fare Thee Well, Clint.

Screenshot 2024-03-14 at 16-04-25 Planning Law Careers in Land Development

If you’ve been around us long enough, you know that we’re big into the notion of “generational handoff” and doing what we can to make sure that students and others who are building their careers realize that dirt law and related topics are very good areas in which to find your way.

Well, here’s the latest — a free webinar from the American Planning Association’s Planning and Law Division:

Second in a series of webinars aiming to answer student questions about career paths in the planning and law field, this webinar focuses on individuals working, or interested in working, in developing the built environment. Developers, as the main constructors of the built environment, must be familiar with urban conditions and the legal requirements that govern building on or redeveloping land. In-house counsel for development firms help their clients navigate through legal matters related to developing the built environment. Join us…

Continue Reading APA Program: “Planning Law Careers in Land Development” (Wed, Mar 27, 2024)

Screenshot 2024-02-28 at 13-12-21 Call for Papers Too Far Imagining the Future of Regulatory Takings PDF Justice Crime & Violence

Have thoughts about where regulatory takings are (or should be) headed? Here’s your chance to get in on the conversation, and to shape the future of the law. Our outfit, the Pacific Legal Foundation, in cooperation with the Antonin Scalia Law School’s Journal of Law, Economics, and Policy, are calling for papers on “Imagining the Future of Regulatory Takings.” There will be an in-person discussion of these papers at the Law School in October 2024.

Here’s the full description:

A century ago, Oliver Wendell Holmes, speaking for the Supreme Court, assured us that “[t]he general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking.” In the ensuing one hundred years, courts have struggled to draw the line defining “too far.” Some still wonder whether such a line should even exist. As Justice Clarence…

Continue Reading Call For Academic Papers: “Too Far: Imagining The Future of Regulatory Takings”

Screenshot 2024-02-27 at 16-35-17 Post Feed LinkedIn

Save the date (and time): next Wednesday, March 6, 2024, at 5:00 p.m., Eastern Time, as we rejoin our friends and colleagues Patrick McAllister and Beth Smith, as they co-host the Eminent Domain and Right of Way Club.

We’ll be joining them to try and answer that question, “What is Inverse Condemnation?” As Patrick and Beth note, “[w]e will find out what it is, how it works and when does it happen….and probably a lot more.” Sounds intriguing.

For those of you who may not have participated in one of these sessions before, you may be wondering “what is this ‘Clubhouse’ thing?” Here’s the description, straight from their site:

The Eminent Domain & Right of Way Club is on the Clubhouse Drop in audio app. This Club is geared toward right of way professionals & anyone interested in the acquisition of land rights for infrastructure projects.

In short, it …

Continue Reading “What is Inverse Condemnation?” Join Us In the EDROW Clubhouse, March 6, 5pm, To Find Out (And More)

ALI-CLE brochure cover page

When it comes to the longstanding ALI-CLE American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conferences, we’re always ready to go. You know that. But this year’s version — the 41st — was buzzing like no other in recent memory.

Maybe it was the New Orleans venue with its atmo, food, and music for our after-class activities, or even the timing (the second-to-last week on the Mardi Gras parade season, and our conference hotel was right on the routes). It might have been the nice weather (oh, it rained buckets one evening, but there wasn’t an ice storm like we experienced in Austin in 2023). Or maybe it was the capacity crowd, and new topics and speakers on the agenda. Or maybe it was just the prospect of seeing our friends and colleagues again after a year.

Here’s a photo essay of some of the Conference highlights.

And…

Continue Reading Pass A Good Time: Our Report From The 41st ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Feb 1-3, 2024, New Orleans

Screenshot 2024-02-13 at 06-58-13 Professors' Corner - Legislative Exactions & Sheetz v. Co. of El Dorado

Join us at 12:30pm ET today, Tuesday, February 13, 2024, for the ABA’s Section of Real Property, Trust and Estates’ monthly Professor’s Corner, where we will join exactions experts Prof Tim Mulvaney, Andrew Gowder, and Prof Elizabeth Elia to discuss the Supreme Court arguments, the issues in the case, and what may be down the road.

Here’s the description:

Can legislative action constitute an exaction subject to the Nollan/Dolan/Koontz test? In his concurrence to the Supreme Court’s 2016 denial of certiorari in California BIA v. City of San Jose, Justice Thomas made clear that he was eager to examine this issue. Justice Thomas’s wait is over; the Supreme Court granted certiorari to address this very question during the 2024 session in the case Sheetz v. Co. of El Dorado. Our expert panel will discuss all sides of this extremely interesting case and its implication for takings jurisprudence.Continue Reading Today, 12:30pm ET: Professor’s Corner – Legislative Exactions & Sheetz v. County of El Dorado (ABA RPTE)

PXL_20240201_150817859.PANOOur annual “proof of life” photo –
Yes, this is New Orleans,
but nearly 300 of us are in the room
to talk eminent domain and property rights shop

A fantastic turnout at the ALI-CLE Eminent Domain & Land Valuation Litigation Conference.

Some numbers:

  • Eleven. The number of attendees from a single firm, Frederikson & Byron. We think that is some kind of record.  Impressive!
  • Nine. The number of law students who joined us of their own initiative to learn about eminent domain and takings, and to network.
  • Five. The number of members of the legal academy who are on the faculty. Our programs have a good mix of theory and practice.
  • Three. Attendees who are sporting bow ties.
  • Forty-one. The number of these conferences we’ve had so far. And going strong.

Wish you were here.Continue Reading 2024 ALI-CLE Eminent Domain & Land Valuation Litigation Conference, New Orleans