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: inversecondemnationLinks From Today's IMLA Regulatory Takings Webinar
By Robert Thomas (inversecondemnation.com)
Here are the links to the cases and other items discussed today at the International Municipal Lawyers Association webinar with Dan Mandelker and Dwight Merriam. Most of these cases are also in your written materials.
- 9th Circuit: California Raisins Were Not Taken (Horne v. U.S.D.A., No. 10-15270 (9th Cir. July 25, 2011))
- Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982).
- Kaiser Aetna v. United States, 444 U.S. 164 (1979).
- Yee v. City of Escondido, 503 U.S. 519 (1992).
- Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992).
- Stop the Beach Renourishment, Inc. v. Fla. Dep?t of Envtl. Prot., 130 S. Ct. 2592 (2010).
- Vandevere v. Lloyd, No. 09-35957 (9th Cir. July 11, 2011).
- Vanek v. State, 193 P.3d 283, 286 (Alaska 2008).
- Brown v. Howard, 2011 WL 2535555, at *1 (S.C. June 21, 2011).
- South Carolina Bar's amicus brief in Brown.
- Johnson v. Manitowoc County, No. 10-2409 (Mar. 19, 2011).
- Amerisource Corp. v. United States, 525 F.3d 1139 (Fed. Cir. 2008).
- Bala v. North Dakota, No. 20090312 (Sup. Ct. N.D. Aug. 23, 2010).
- Lingle v. Chevron U.S.A., Inc., 544 U.S. 528 (2005).
- Williamson County Regional Planning Comm?n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985).
- Kelo v. City of New London, 545 U.S. 469 (2005).
- DeCook v. Rochester Int?l Airport Joint Zoning Bd., No. A09-96 (Sup. Ct. Minn. Mar. 30, 2011).
- McCarthy v. City of Cleveland, No. 09-4149 (6th Cir. Nov. 9, 2010).
- Chicago v. Int?l College of Surgeons, 522 U.S. 156, 15 (1997).
- Dunlap v. City of Nooksack, No. 63747-9-9 (Oct. 25, 2010).
- Penn Central Trans. Co. v. New York City, 438 U.S. 104 (1978).
- Guggenheim v. City of Goleta, No. 06-56306 (9th Cir. Dec. 22, 2010) (en banc).
- Colony Cove Properties, LLC v. City of Carson, 640 F.3d 948 (9th Cir. 2011) (cert. denied Oct. 17, 2011).
- Downing/Salt Pond Partners v. Rhode Island, 643 F.3d 16 (1st Cir. 2011).
- Petition for Rehearing/En Banc in CCA Associates (Federal Circuit) (seeking review of this opinion).
- Avenida San Juan P'ship v. City of San Clemente, No. G043479 (Cal. Ct. App. Dec. 14, 2011).
- R&J Holding Co. v. Redevelopment Authority of Montgomery County, No. 10-1047 (3d Cir. Dec. 9, 2011).
Full post as published by inversecondemnation on February 13, 2012 (boomark / email).
Patashnik on Physical Takings, Regulatory Takings, and Water Rights
Josh Patashnik (JD Candidate, Stanford) has posted Physical Takings, Regulatory Takings, and Water Rights, forthcoming in the Santa Clara Law Review (2010). The abstract: Alleged takings of property are divided into two broad categories: physical takings claims, which are categorically...
Rappaport on Originalism and Regulatory Takings
Michael B. Rappaport (San Diego) has posted Originalism and Regulatory Takings: Why the Fifth Amendment May Not Protect Against Regulatory Takings, But the Fourteenth Amendment May on SSRN...
Kent on Regulatory Takings
Michael B. Kent, Jr. (John Marshall - Atlanta) has posted Construing the Canon: An Exegesis of Regulatory Takings Jurisprudence after Lingle v. Chevron on SSRN. Here's the abstract: Regulatory takings has long been considered one of the more confused areas...
Regulatory Takings Conference at UC-Berkeley
Is the "takings revolution" over? This conference "explores the regulatory takings issue as it relates to land use and environmental regulation" and "brings together a diverse group of leading scholars and experienced practitioners to discuss cutting-edge issues raised by recent...
Fenster on Lingle and the Stubborn Incoherence of Regulatory Takings
Mark Fenster (Florida) has posted The Stubborn Incoherence of Regulatory Takings on SSRN. Here's the abstract: Lingle v. Chevron (2005), the Supreme Court's most recent effort to sort the complex federal constitutional regulatory takings doctrine, resulted in what commentators have...
Rappaport on Originalism & Regulatory Takings
Michael B. Rappaport (University of San Diego - School of Law) has posted Originalism and Regulatory Takings: Why the Fifth Amendment May Not Protect Against Regulatory Takings, But the Fourteenth Amendment May (San Diego Law Review, Vol...
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