Articles

Takings law is famous for its thorny inquiries. One of the prickliest is the so-called “relevant parcel” determination. In every regulatory takings case, the court must begin by identifying the nature of the property at issue—i.e., the “relevant parcel.” It sounds easy, and it should be, but it isn’t. In the decades ...

Murr Monday coming up Tax-lien foreclosure-for-profit scheme rehearing denied Union trespass challenge continues Get your super-easy injunctions today in the Ninth Circuit! Is crony capitalism a public use? Loss for rights in mining claims Ninth Circuit declines to vacate Levin decision Murr Monday coming up We are busily preparing for oral argumen ...

Here’s a recap of what the Murr case is about and what happened today at the Court. For more detail, you can find the Court’s transcript here. Many property owners own adjacent lots. A farmer might acquire a neighboring farm with the hope that his children can live next door. Or a person might fall … ...

Oral argument in Murr We had our oral argument in Murr v. Wisconsin. It was a tough argument with lots of questions throughout the argument.  We trust our answers helped dispel some of that confusion.  All in all, it was a good argument and we made all our points with the Court. But, based on the … ...

PLF lawyers filed a petition asking the U.S. Supreme Court to grant and hold the Washington state regulatory takings case, Kinderace v. City of Sammamish, pending its anticipated decision in Murr v. Wisconsin. The Murr case, which was argued by PLF attorneys earlier this year, involves the so-called?“relevant parcel” question. That thre ...

Friday I had the honor of participating in the panel discussion Property Rights, Inverse Condemnation & Government Land Use Regulation, during the 36th Real Property Law Section Retreat for the California State Bar. My remarks focused on Murr v. Wisconsin and its importance to the “relevant parcel” analysis and regulatory takings ...

The U.S. Supreme Court’s decision in the regulatory takings case, Murr v. Wisconsin, is expected to come down any day. At issue in that case is the so-called?”relevant parcel” question, which requires courts to identify the extent of an owner’s property interests as a threshold determination in a regulatory takings case. The ...

Amicus brief filed for contractor long frozen out of contracts Settlement reached in mobile home park case Cap and trade appealed Prairie dog ruling petition to the 10th Circuit Reply filed in Kinderace petition to Supreme Court Affirmative action case goes back to district court Amicus brief filed for contractor long frozen out of contracts ̷ ...

Supreme Court goes squishy on property rights Free speech includes freedom to insult Free speech means letting high school kids be high school kids Howling at the wolf listing Doing time even if you didn’t know you committed the crime  Washington appellate court rules that property is not protected by the constitution End-run around arbitra ...