Come & Take It: The Eminent Domain Podcast (Episode #13), Featuring Winstead Shareholder Tom Forestier
Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
On-Demand Webinar | Eminent Domain in 2020: A Year in Review
More Emerging Litigation Claims and Demands from COVID-19
Regulatory Takings and Executive Power to Seize Property
Real Estate Developer Rights When Cities Demand Too Much
[WEBINAR] Planning in the Coastal Zone
On June 30, the Supreme Court denied the petition for a writ of certiorari in GHP Management Corporation v. City of Los Angeles. The case arose out of a COVID-era eviction moratorium enacted by the City of Los Angeles which...more
The US Supreme Court has announced it will evaluate whether “impact fees” associated with permits can violate the Fifth Amendment to the US Constitution. At stake is the determination of when, how, and under what...more
The U.S. Supreme Court recently agreed to decide whether a California regulation allowing union organizers to access employers’ property is an unconstitutional taking under the Fifth Amendment....more
Last year, the United States Supreme Court made headlines (at least in our eminent domain world) by issuing a ruling in Knick v. Township of Scott that property owners can bypass the state courts and directly file a Fifth...more
On March 5, 2018, the U.S. Supreme Court granted certiorari in Knick v. Township of Scott (Case No. 17-647) to address the requirement, established in Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S....more
The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017, the Supreme Court of the United States decided a case that involved the merger of two parcels of property...more
A fundamental precept of American law is the authority of the government, in the exercise of the police power for the protection of the health, safety, and welfare of the public, to regulate the conduct of individuals in the...more
Last week, the United States Supreme Court in Murr v. Wisconsin issued a key regulatory takings decision which creates a new multifactor balancing test to determine whether two adjacent properties with single ownership could...more
In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 (U.S.S.C. June 23, 2017), the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings:...more
Property owners who allege a regulatory taking will now need to analyze their holdings against a new, fact-specific, three-factor standard announced by the U.S. Supreme Court to determine what constitutes the owners’ “whole...more
On June 23, 2017, the Supreme Court of the United States finally decided Murr v. Wisconsin, __ U.S. __ (2017) (Case No. 15-214), a case that addressed land use regulations that “merged” adjacent parcels (the first of which...more
In Murr v. Wisconsin, the US Supreme Court declined to find that a landowner's riverfront property was the subject of a regulatory taking. In a 5-3 decision, the majority adopted a new test for defining the bounds of the...more
On June 23, the Supreme Court finally addressed directly the frequently posed question: When considering the claimed taking of a property interest by government regulation, what is the affected property to be considered? All...more
In an interesting twist, eight members of the U.S. Supreme Court agreed on June 23, 2017, in the case of Murr v. Wisconsin, No. 15-214, that state regulations making two adjoining lots held in common ownership into a single...more
Real Property Update - US Supreme Court - Regulatory Taking: owner of parcel A, that took title to adjacent parcel B after regulation restricting use of parcels had been passed, lost grandfather rights for both parcels by...more
On June 23, 2017, the U.S. Supreme Court issued a much-anticipated ruling in Murr v. Wisconsin, a takings case that may have important consequences for property owners owning multiple contiguous parcels. The Court held that...more
The Supreme Court of the United States applied a multi-factor test to rule that a regulation prohibiting construction on an undersized lot contiguous to a second lot under common ownership was not a taking. In the broadest...more
On June 23, 2017, the United States Supreme Court decided Murr v. Wisconsin, No. 15-214, holding that, in determining whether a regulatory taking has occurred under the Takings Clause of the Fifth Amendment, courts should...more
The US Supreme Court today issued its latest pronouncement on regulatory takings, Murr et. al, v. Wisconsin, et al. Justice Kennedy wrote for the Court, joined by Justices Ginsburg, Breyer, Sotomayor and Kagan. The issue was...more
This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation from regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may...more
It is an understatement to say that pursuing a claim against the government for a Fifth Amendment regulatory taking is difficult. The United States Supreme Court has described such claims as presenting “an especially steep...more