Property Law

Our friend and colleague Dwight Merriam recently published this piece about the looming Knick v. Township of Scott decision. Yes, ripeness, and how SCOTUS will treat regulatory takings. We posted our own prognostications here (“Shaka, When The Walls Fell: Yes, Knick Will Be About Takings, But It Will Be More About Federalism“). Awaiting ‘Knick” … Will SCOTUS Fix the Ripeness Mess? by Dwight Merraim The decision in an important takings case, Knick v.…
As we have reported in previous blog posts, there have been a number of pre-construction condominium developments in the Greater Toronto Area that have been canceled by the developers. The developers relied on early termination rights set out in the purchase agreements. While the purchasers were refunded the deposits that had been paid, many were not happy with what had transpired. Because the selling price of condo units in the Greater Toronto Area has…
The Colorado Supreme Court issued an opinion in a case we’ve been following on public use in eminent domain. In Carousel Farms v. Woodcrest Homes, No. 2018SC30 (June 10, 2019), the court reversed the court of appeals’ conclusion that a taking lacked a public purpose because even though the public might use the roads and sewers which the utility district (formed for the specific purpose of taking the property which the private-benefitted developer could…
The Colorado Supreme Court issued an opinion in a case we’ve been following on public use in eminent domain. In Carousel Farms v. Woodcrest Homes, No. 2018SC30 (June 10, 2019), the court reversed the court of appeals’ conclusion that a taking lacked a public purpose because even though the public might use the roads and sewers which the utility district (formed for the specific purpose of taking the property which the private-benefitted developer could…
The Colorado Supreme Court issued an opinion in a case we’ve been following on public use in eminent domain. in which it reframed the Questions Presented. In Carousel Farms v. Woodcrest Homes, No. 2018SC30 (June 10, 2019), the court reversed the court of appeals’ conclusion that a taking lacked a public purpose because even though the public might use the roads and sewers which the utility district (formed for the specific purpose of…
Electronic Voting has been adopted by many condominium corporations, so it is time to dispel some myths about what Electronic Voting is and what it is not. Myth No. 1 – Electronic proxies are “online voting” or electronic voting. Wrong. Electronic proxies involves completing a proxy through an online form, appointing another person to be their proxy. A paper copy of the proxy is then created and provided to the condo corporation. Electronic voting is…
The details are yet to be posted on the web, but mark your calendars now for an upcoming (two weeks from today, on Friday, June 21, 2019) Federalist Society teleforum, produced by the Environmental and Property Rights Practice Group, about an issue that we’ve been following that is the subject of at least three recent cert petitions (two denied, one on the way): whether federal courts can issue preliminary injunctions in takings under the Natural…
The details are yet to be posted on the web, but mark your calendars now for an upcoming (two weeks from today, on Friday, June 21, 2019) Federalist Society teleforum, produced by the Environmental and Property Rights Practice Group, about an issue that we’ve been following that is the subject of at least three recent cert petitions (two denied, one on the way): whether federal courts can issue preliminary injunctions in takings under the Natural…
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Here are the links to the cases which were not in your materials. Theme of the day: amateurs!  Our thanks to colleagues Jill Gelineau and Paul Sundermier for asking us to present. It was good to see our Oregon friends again.  All Your Race Are Belong To Us: Baltimore Is Taking The Preakness Stakes (We’re Serious) Ninth Circuit Denies En Banc Review In Case Upholding “Core” and “Fundamental” Property Rights, But Two Trump Judges …
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Here are the links to the cases which were not in your materials. Theme of the day: amateurs!  Our thanks to colleagues Jill Gelineau and Paul Sundermier for asking us to present. It was good to see our Oregon friends again.  All Your Race Are Belong To Us: Baltimore Is Taking The Preakness Stakes (We’re Serious) Ninth Circuit Denies En Banc Review In Case Upholding “Core” and “Fundamental” Property Rights, But Two Trump Judges …