Check this out: lawprof Ilya Somin has posted “Squatters’ Rights Laws Violate the Takings Clause” at Volokh.
His thesis is just as the title suggests, arguing that state statutes that treat trespassers as tenants are government-authorized physical occupations,
Inverse Condemnation
Latest from Inverse Condemnation
NY App Div: Inflation, Bah! Rent Gets Cheaper In Kingston!
New York state, as you might already know, regulates the rent an owner of residential property may charge to a tenant. Under a statute adopted in 1974, regulation is triggered by a locality’s declaration of a housing emergency, and the…
We've Been Pronouncing "Nollan" Wrong All These Years?
The Chief Justice calling the case for oral arguments.
Who knew?
(And in case you are wondering, yes — we’re joking.)
…
New Cert Petition: Denial Of Development Under Existing Law Enough To Ripen A Takings Claim
Here’s our latest, this cert petition, another one asking whether a property owner’s regulatory takings claim is ripe for judicial review.
This is one of ours, so we won’t be commenting in depth other than to say that it…
New Article: "Eminent Domain, the Fifth Amendment Takings Clause, and the Rule of Law" (Steve Davis, Social Education Journal)
Check this out. Friend and colleague Steve Davis has authored “Eminent Domain, the Fifth Amendment Takings Clause, and the Rule of Law,” 88 Social Education J. 1 (2024).
As summarized on the Federal Takings blog:
Steve explains…
Take It To The Limit, Eminent Domain Podcast: Fare Thee Well, Clint.
You can spend all your time making money.
You can spend all your love making time.
If it all fell to pieces tomorrow, would you still be mine?
Count me as very surprised, and a bit saddened, when earlier this…
Hawaii Beachfront Land Is Worth Nothing: The State May Have Taken Accreted Land, But Just Compensation Is Zero
Zip. Zilch. Zero. Nil. Nada. Squat. Bupkis.
Here’s the latest in a case we’ve been following for a long, long time (see here and here, for example).
In Maunalua Bay Beach Ohana 28 v. State of Hawaii, No.…
APA Program: "Planning Law Careers in Land Development" (Wed, Mar 27, 2024)
It's OK To Do Good Things For Bad Reasons: CA2 On Spite Takings – As Long As Taking Is For A Public Use, The Real Reason Is Irrelevant
In Brinkmann v. Town of Southold, No. 22-2722 (Mar. 13, 2024), the U.S. Court of Appeals for the Second Circuit addressed a longstanding issue left unresolved by the Supreme Court in Kelo v. City of New London, 545 U.S.…
New Article: "Fines, Forfeitures, and Federalism" (Jessica Asbridge)
When it comes to property rights, we’re most often focused on takings, compensation, and due process. But as you all know, the concept of property rights encompasses a whole lot more.
Our colleague, lawprof Jessica Asbridge, has posted on SSRN…