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HSBA 10-2023

Yesterday, during the Annual Meeting of the Hawaii State Bar Association, we participated in a program sponsored by the Real Property and Financial Services Section, “Inverse Condemnation & Paying for Disasters.”

As you can see above, we joined lawprofs Shelley Saxer and David Callies to share thoughts about inverse claims, and the difference between these property arguments and tort negligence claims.

Here are some of the key cases and materials which we mentioned (or should have):

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Continue Reading Links And Materials From “Inverse Condemnation & Paying for Disasters”

Why is it, you ask, that the ALI-CLE Eminent Domain & Land Valuation Litigation Conference (scheduled next February 1-3, 2024, in New Orleans) is an event that seems to be growing in popularity and attendance. In recent years, we have standing room only in the Conference halls, and have sold out the hotel block. After all, this is a pretty niche area of law. So what gives?

When we were in Austin earlier this year, we thought it might be nice to try and answer that question. We asked Conference participants why they come, year-after-year (and in Austin, despite massive travel disruptions). Yes, it is the various venues (Nashville, Austin, Scottsdale, Palm Springs, to name a few recent locations), and yes, it is the excellent and useful programming.

But as we suspected it is more than that. As the above video notes…

Continue Reading ALI-CLE’s Eminent Domain & Land Valuation Litigation Conference (Feb 1-3, 2024, New Orleans): Why Attend? Here’s Why.

Screenshot 2023-08-26 at 10-33-05 Brigham-Kanner Property Rights Conference

Heads-up: the registration page for the 20th Brigham-Kanner Property Rights Conference, October 26-27, 2023, at the William and Mary Law School in Williamsburg, Virginia, is now up.

Early registration is a good thing because space is limited, especially at the Wren Building banquet on the 26th, at which the 2023 B-K Property Rights Prize will be presented to Prof. Gregory Alexander.

So please don’t miss out.

2022 BK plaque
The Property Rights Hall of Fame (second plaque)

If you are not already familiar with the Conference, it is (in our opinion) the best one-day event on property and property rights theory and practice. Expressly designed to bring together the legal academy and the practicing dirt law bar, the conference is where we discuss the burning property and property rights issues of the day. Here’s the 2023 Program:

  • Property and Propriety (or a Well-Ordered Society): A Tribute to Gregory S.

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Continue Reading Register Now For The 20th Brigham-Kanner Property Rights Conference, Oct. 26-27, 2023

Untitled Extract Pages

Two years ago, Owners’ Counsel of America endowed a scholarship in the name of its founder, property rights advocate and trial lawyer Toby Prince Brigham (1934-2021). The scholarship is for a second- or third- year law student to attend the annual three-day ALI-CLE Eminent Domain and Land Valuation Litigation Conference (the upcoming Conference will be in New Orleans, Louisiana, February 1-3, 2024).

The Conference affords the Scholar an all-expenses-covered opportunity to meet and network with leading property rights and eminent domain lawyers from across the country, while also learning about property law and practice. 

Here’s the official description from OCA:  

In honor of Toby’s legacy of professionalism and achievement, in 2021 OCA established the Toby Prince Brigham OCA Scholarship to pay for all expenses of a second or third year law student to attend the ALI-CLE Eminent Domain conference and associated OCA events held annually in January. This unique…

Continue Reading Owners’ Counsel Toby Prince Brigham Scholarship – Applications Being Accepted

Screenshot 2023-06-16 at 07-52-47 How Did Property Rights Fare at the Supreme Court What Happened in the 2022 Term and What's Next ALI CLE

Tomorrow, Wednesday, August 9, 2023 at 1:00 – 2:00 p.m. (Eastern Time), please join us for ALI-CLE’s web program, “How Did Property Rights Fare at the Supreme Court? What Happened in the 2022 Term and What’s Next.”

Here’s the course description:

This has been a blockbuster U.S. Supreme Court term for property law, with the Court deciding three major property cases: Tyler v. Hennepin County (government’s keeping the excess value when seizing and selling a home to satisfy a property tax debt is a taking), Wilkins v. United States (is the federal Quiet Title Act’s statute of limitations a jurisdictional bar?), and Sackett v. EPA (the scope of Clean Water Act wetlands jurisdiction). To gain a better understanding these opinions, the current state of takings and property law, and what these cases mean for your practice, join a distinguished panel of experts for this one-hour webcast. The faculty…

Continue Reading Still Time To Join Us Wed Aug 9: ALI-CLE’s “How Did Property Rights Fare at the Supreme Court? What Happened in the 2022 Term and What’s Next”

Screenshot 2023-06-16 at 07-52-47 How Did Property Rights Fare at the Supreme Court What Happened in the 2022 Term and What's Next ALI CLE

On Wednesday, August 9, 2023 at 1:00 – 2:00 p.m. (Eastern Time), please join us for ALI-CLE’s web program, “How Did Property Rights Fare at the Supreme Court? What Happened in the 2022 Term and What’s Next.”

Here’s the course description:

This has been a blockbuster U.S. Supreme Court term for property law, with the Court deciding three major property cases: Tyler v. Hennepin County (government’s keeping the excess value when seizing and selling a home to satisfy a property tax debt is a taking), Wilkins v. United States (is the federal Quiet Title Act’s statute of limitations a jurisdictional bar?), and Sackett v. EPA (the scope of Clean Water Act wetlands jurisdiction). To gain a better understanding these opinions, the current state of takings and property law, and what these cases mean for your practice, join a distinguished panel of experts for this one-hour webcast. The faculty will…

Continue Reading Join Us August 9, 2023: ALI-CLE’s “How Did Property Rights Fare at the Supreme Court? What Happened in the 2022 Term and What’s Next”

Missed our law firm colleagues Jeff McCoy, Damien Schiff, and Christina Martin when they were live, talking about their SCOTUS wins in Wilkins v. United States (is the statute of limitations in federal Quiet Title Act cases a jurisdictional bar?), Sackett v. E.P.A. (scope of Clean Water Act wetlands jurisdiction), and Tyler v. Hennepin County (government’s keeping the excess value when seizing and selling a home to satisfy a property tax debt is a taking)?

We recorded it, so you can watch and listen at your leisure.

This is more than just a victory lap, the advocates offer their thoughts on the implications of the wins, and what might be next.

Bon appétit.Continue Reading ICYMI: “Property Rights Hat-Trick: Breaking Down PLF’s Supreme Court Victories” (vid)

History of ED Event

Mark your calendars to join us on Wednesday, June 7, 2023 at 5pm Eastern Time, as the Eminent & Right of Way Club welcomes Professor Greg Jackson, host of the History That Doesn’t Suck Podcast.

We’re going to have a discussion about the history of eminent domain, what zoning looked like in the 19th Century, and if the Founders planned for the infrastructure we have today.

RSVP for this Lounge Event on the App (register for the (free) Clubhouse App here).

What’s this “Clubhouse” thing, you ask? More here on that. Come, join us!Continue Reading Upcoming Event: “The History [That Doesn’t Suck] of Eminent Domain” (Wed, June 7, 5pm ET – Free!)

Screenshot 2023-05-08 at 22-48-29 Post Feed LinkedIn

Missed out on the 2023 ALI-CLE Eminent Domain and Land Valuation Litigation Conference back in February in Austin, and the legendary “Condemnation 101” track?

Well, here’s your chance to get the knowledge. On May 18, 2023, ALI-CLE is going live with a rebroadcast of that program, including real-time Q & A with the program Planning Co-Chairs.

As we’ve noted before, the Condemnation 101 program is a great “basic training” program for lawyers new to the eminent domain and takings practice. But it is also a fantastic refresher course for those experienced dirt lawyers looking to brush up on the fundamentals.

CLE credits are available, of course. And unlike the in-person program back in February, there’s no danger of ice storm delays!

More about the program here, including registration information, fees, the agenda, and the faculty. And, just because you are a reader of this…

Continue Reading Condemnation 101: Preparing & Presenting an Eminent Domain Case Webcast (May 18, 2023)

Screenshot 2023-04-30 at 11-07-31 Natural Property Rights

In case you missed it live last week, here’s the recording of Cato Institute’s Book Forum on lawprof Eric Claeys’ forthcoming book, “Natural Property Rights.” As Cato notes:

The book introduces and defends a theory of property relying on labor, natural rights, and traditional principles of natural law. Justified on those grounds, property rights protect individual freedom, but they also help government officials resolve the basic resource conflicts that arise in property law. Natural Property Rights illustrates this with examples from real estate, oil and gas, tangible personal property, water rights, government regulatory and taking powers (and constitutional limits on those).

With Professor Clayes (George Mason Law School), Matthew Cavedon (Visiting Legal Fellow, Cato Institute, and Robert Pool Fellow, Center for the Study of Law and Religion, Emory University), Chad Squitieri (Assistant Professor of Law, Catholic University), and Clark Neily (Sr. Vice President for Legal Studies, Cato Institute).Continue Reading Watch: Cato Institute Book Forum – “Natural Property Rights” (Eric Claeys)