Property Law

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I must say that am pretty chuffed that one of my (now former) William and Mary Law students published a law review article, and he wrote about…takings. And Blackstone, and history. Read it: Andrew Parslow, A Defense of the Regulatory Takings Doctrine: A Historical Analysis of This Conflict Between Property Rights and Public Good and A Prediction for Its Future, 44 Wm & Mary Environ. L. & Pol’y Rev. 799 (2020). Well done!  …
Oklahoma! where reservations were created and remain! And the waivin’ claims, won’t abate Cos’ the claims come years behind the pain! Things I learned from yesterday’s Supreme Court opinion in McGirt v. Oklahoma (the one where the majority concluded that for purposes of the Major Crimes Act, eastern Oklahoma is still part of a reservation): There’s a difference between sovereignty and ownership. Left bloc of Court signed on to this: “There is no need to…
Today’s case is a short one, but worth the short bit of your time it takes to read it. In Borders-Self Storage & Rentals, LLC v. Ky. Transp. Cabinet, No. 2019-CA-000217 (July 2, 2020), the Kentucky Court of Appeals held that the assessed value of property for property tax purposes is admissible if the value was fixed by the property owner, and the condemnor offers it as an admission against interest. But if the…
Check this out. In Willowbrook Apts, LLC v. Mayor & City Council of Baltimore, No. 1:20-cv-01818 (July 6, 2020), the U.S. District Court for the District of Maryland denied the plaintiff/property owner’s motion for a temporary restraining order, in a case challenging the COVID orders that pretty dramatically alter the landlord/tenant relationship in Maryland: Specifically, the Baltimore City Council passed the Rent Increase Protection Act on May 19, 2020 (“Baltimore City Act”). On May…
Breaking! In H.C. Cornuelle, Inc. v. City and Cnty of Honolulu, No. 14068 (Haw. July 17, 1990), the Hawaii Supreme Court held that the City and County of Honolulu inversely condemned a strip of private property in downtown when it prohibited development and use of that land because the City intended to acquire it in the future for a road-widening project. Wait, what? “Breaking,” you say? This memorandum opinion was issued nearly 30 years…
As expected, a quick decision and opinion from the U.S. District Court for the District of Hawaii, after yesterday’s hearing on the plaintiff’s request for extraordinary preliminary relief (a TRO and PI) in the case challenging the Hawaii Governor’s imposition of a 14-day self-quarantine on all travelers inbound to Hawaii (and other emergency orders, although the TRO request was limited to the quarantine). When the opinion starts this way, you know which way it is…
It’s not quite “Yes Virginia…” but here is our annual Independence Day missive on the legal angle on the Declaration. Civil Beat published a version of this post here. ————————————————————————————— We know lawyers are easy targets (we enjoy lawyer jokes as much as the next person, i.e., What’s the difference between a good lawyer and a great lawyer? A good lawyer knows the law; a great lawyer knows the judge.). Still, as…