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Here are the links to the cases and other materials that we mentioned (and some we didn’t) earlier today at the Counselors of Real Estate‘s program on “Supreme Court Update: Is This Property’s Moment?” Thank you to our colleagues at CRE for including us in the program.

I.  The evolving ground rules

  • Takings cases can go to federal court:
    • Condemnation: PennEast Pipeline Co. v. New Jersey (eminent domain and the 11th Amendment)
    • Inverse and regulatory: Knick v. Township of Scott (opening back up federal courts to takings claims).
  • How you define the “property” taken is key:
    • Murr v. Wisconsin (the larger parcel issue, applied in regulatory takings cases).
    • Koontz (money as property … and exactions).
    • Brandt (easements, vel non)
  • The exclusion “stick” is really important:
  •  Remedies:

 II.  Issues on the horizon