For those of you, like us, who were not able to be in DC for today’s oral arguments in the “larger parcel” or “denominator” case, Murr v. Wisconsin (see our preview of the arguments here), here’s the transcript, hot off the press.
Transcript, Murr v. Wisconsin, No. 15-215 (Mar. 20, 2017)
Continue Reading Murr v. Wisconsin (Larger Parcel In Reg Takings) OA Transcript
As takings mavens are no doubt already aware, next Monday, the 8-Justice Supreme Court will hear arguments in Murr v. Wisconsin, the regulatory takings case which asks whether the county can avoid application of the Lucas wipeout standard on one parcel by taking advantage of the fact that the plaintiffs also own the adjacent parcel. Thus, the county argues, both parcels should be combined to determine how the regulation has impacted the property.
Others have done a better job at previewing the issues than we could hope to (see SCOTUSblog, the National Constitution Center, and the Federalist Society), so we won’t do a big summary here, but will limit ourselves to pointing out what we think will be the key areas of contention. Go read the voluminous briefing as well. And with the Court one-Justice-down for this case, we’re certainly not going to even venture
Here’s what we’re reading this Monday:
Drone technology — those pesky little flying machines that invade your privacy — has opened up a new dimension that previously was available only to real-life pilots and those with airplanes or helicopters.
As with most new things, there’s bound to be rules, even if those rules may be playing catch-up to reality. On Monday, March 13, 2017 (12:30pm ET), a American Planning Association Planning and Law Division webinar aims to answer the questions you might have about how the ability to easily view ourselves and our property from low-altitude orbit is being dealt with by the law:
The educational objective of this course is to discuss the implications of emerging drone technology on city and town planning. Featuring specialists in the fields of law, urban design, and policymaking, this webinar will examine federal and local legislation pertaining to unmanned aerial vehicles (UAVs). Drone operations raise several concerns for the
Here’s an article, recently published by the Urban Lawyer (the law review produced by our ABA section, the Section of State and Local Government Law), with our take on the most interesting and important eminent domain and takings rulings from the past year.
Many of the cases discussed will be familiar to regular readers, but here it is in one place, and in print.
Recent Developments in Eminent Domain, 48 Urb. Lawyer 939 (2016)
Continue Reading New Article: Recent Developments In Eminent Domain
This year, the University of Hawaii Law Review is devoting one of its issues to a symposium on issues related to the sharing economy.
On Friday, February 17, 2017, the law review is sponsoring a series of presentations from 9:00 am – 4:30 pm at the law school (lunch included if you RSVP ahead of time), followed by a reception in downtown Honolulu.
Presenters include national experts such as Professor Stephen Miller (who is also the founding Chair of the ABA State and Local Government Law Section’s Sharing Economy Committee), Christina Sandefur of the Goldwater Institute, local players such as Michael Formby, the Director of Transportation Services for the City and County of Honolulu and Greg Kugle of my law firm, and industry insiders such as Timothy Burr Jr., Senior Public Policy Manager for Lyft.
The day will see presentations on Housing, Transportation, and Discrimination, as
Continue Reading U. Hawaii Law Review Sharing Economy Symposium (Feb. 17, 2017)
We’ve spent a good portion of the last two weeks at conferences discussing the regulatory takings case now pending at the U.S. Supreme Court, Murr v. Wisconsin, No. 15-214.
The biggest question most had was why the Court had not scheduled oral arguments. There was a lot of speculation and gossip about the Chief Justice perhaps holding off on OA because the Court was one Justice short. Recall that cert was granted, but shortly thereafter Justice Scalia died, leading to speculation that there was not a clear five-Justice consensus for how to analyze the issues on the eight-Justice Court. But no concrete answers.
Well, maybe they heard all the chatter over at 1 First Street NE, because on Friday, the Court issued this argument calendar, and lo and behold, look what’s on calendar for Monday, March 20, 2017.
The questions remain unanswered: Will the Court have
Our final day was anchored, as usual, by Pacific Legal Foundation’s Jim Burling, and property rights guru and advocate Michael Berger. Jim was his usual riveting self, and Michael supplied the insight to cases which only he can.
In case you are wondering, the above is the view from the dais, and no, I didn’t bring a Spam calendar with me, it was a gift from a thoughtful New Jersey colleague who knows that Hawaii people love Spam. I will reserve comment on whether I love Spam, and simply say thank you for the calendar.
We finished the day strong with the National Forum, where audience members took the mic and shared their cases, issues, and results with the rest of us.
Here are the links and references to the cases we spoke about today at our opening session on the national trends in eminent domain law at the 2017 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in San Diego.
We again have a record attendance, and a good number of new attendees. If you aren’t here now, we’re sorry you didn’t make it. But fear not: ALI-CLE has already set the date and location for the 2018 Conference: save the date on your calendars now — January 25-27, 2018, Charleston, South Carolina, at the Francis Marion Hotel.
To supplement your written materials for the 2017 Hawaii Land Use Conference, here are the decisions and other materials which we spoke about this morning at the 2017 Hawaii Land Use Conference:
Continue Reading Notes And Links From Today’s Hawaii Land Use Conference Session On Reg Takings
