Property Law

Recent advances in digital technology have made many aspects of our lives exponentially easier and more convenient. But at the same time, digital technology has also created some serious complications when it comes to estate planning. In fact, if you haven’t properly addressed your digital assets in your estate plan, there’s a good chance that most of those assets will be lost forever when you die. Without the proper estate planning, just locating and accessing…
You just have to love any case that starts with the sentence,” Dried mangoes form the core of this commercial dispute, which involves a Fifth Amendment challenge…” Shades of Horne! Well, you can add mangoes to your “healthy snack” list (hat tip CJ Roberts) and include the Supreme Court of Guam’s opinions in Western Sales Trading Co. v. Genpro Int’l, Inc. (Guam), No. CVA19-023 (July 28, 2021), in your oeuvre of…
In the wake of the tragic collapse of the Champlain Towers in Surfside, Florida, last month, many Condominium Associations are questioning whether deferring maintenance on their property is still a safe option. According to media reports, the estimated cost to repair the Champlain South premises totaled $15 million. However, the condo had only $800,000 in reserves for such contingencies. Unit owners were faced with individual special assessments between $80,000 and $200,000 each. After facing owner…
Programming note: as we noted here, we’ve recently moved our email subscribers to a new service. If you are already subscribed to our email updates you should not need to do anything, except look for the emails coming from Feedblitz, not Feedburner. If you want to sign up for email updates anew, go here. If you experience technical issues, or receive duplicate email notifications, please let me know. Now back to your…
All the topics you want to know about, presented by top-notch faculty from across the nation. Sessions include: Property Rights as Civil Rights Eminent Domain National Update Just Relocation: Understanding the Law and Regulations to Ensure Fairness Challenging Public Use: Lessons From a 67-Day Trial COVID Takings Federal Court and the Daubert Challenge: How to Prepare Did the Supreme Court Signal a New Direction in Property Rights in Cedar Point Nursery? How to Position Your…
Iin North Mill Street, LLC v. City of Aspen, No. 20-1130 (July 27, 2021), the U.S. Court of Appeals for the Tenth Circuit held that a claim that the city’s denial of a rezoning application to allow residential development effected a taking was not ripe because the city’s process also allows a property owner to ask the city to allow site-specific development even if not in conformity with the current zoning, and the plaintiff…
Programming note: as we noted here, we’ve recently moved our email subscribers to a new service. If you are already subscribed to our email updates you should not need to do anything, except look for the emails coming from Feedblitz, not Feedburner. If you want to sign up for email updates anew, go here. If you experience technical issues, or receive duplicate email notifications, please let me know. Now back to your…
Heads up, property rights law nerds: looking at a career in public interest law? Here’s your chance for a one-year gig as a Constitutional Law Fellow at Pacific Legal Foundation. You will be a “PLF Fellow,” a one-year position for law-school graduates. You will be added to litigation teams in on-going cases, receive hands-on legal-research and legal-writing training, and study the Classical Liberal principles that guide our work. You will also be encouraged and…
Talk amongst yourselves. We’ve had our say, so in this post — the sixth and final post in a series of deeper dives about June’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid , No. 20-107 (June 23, 2021) — we’re linking to what others are saying about the case. Here are all of the posts in our Cedar Point series: Part I: SCOTUS’s Strawberry Letter 23 To Property Rights Part II: Common
Recent advances in digital technology have made many aspects of our lives exponentially easier and more convenient. But at the same time, digital technology has also created some serious complications when it comes to estate planning. In fact, if you haven’t properly addressed your digital assets in your estate plan, there’s a good chance that most of those assets will be lost forever when you die. Without the proper estate planning, just locating and accessing…