Real Estate & Property Law

Thursday's Links

By Robert Thomas (inversecondemnation.com)

Things we were reviewing today:

• Check out the just-launched Hawaii Civil Procedure blog. It's a welcome addition to the blogroll for Hawaii civil practitioners.

• My colleague Mark Murakami has set up a resource page for all things about the McDonald v. City of Chicago case. That's the appeal currently being considered by the Supreme Court challenging Chicago's ability to regulate firearms under the Second Amendment. What's most interesting about the case is not the gun issue, but the legal arguments regarding whether the Privileges or Immunities Clause incorporated the entire Bill of Rights against the states. Slaughter-House, anyone?

• The Texas Supreme Court today heard oral arguments in Severance v. Patterson (a case we discussed here). It is in the Texas court on certified questions from the Fifth Circuit. More here including the briefs, and the archive of the video of the arguments here. The certified questions being considered by the court are: (1) whether Texas recognizes a "rolling" public beachfront-access easement; if so (2) whether the rolling easement derives from the common law or the Open Beaches Act; and (3) what extent the landowner would be entitled to compensation for loss of property use apart from the state's offer to remove houses on the easement. More from Land Use Prof blog here.

Full post as published by inversecondemnation on November 20, 2009 (boomark / email).