Thursday, June 17, 2010
The big property rights case of the Term has been decided. In Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, the Court rejected the judicial takings claim unanimously. The opinion is here: http://www.supremecourt.gov/opinions/09pdf/08-1151.pdf. Justice Scalia wrote the majority opinion, but it is not the opinion of the court on all parts. Justices Kennedy and Breyer wrote separately. We've posted about the case previously here, here, here, and here. For a great analysis of what was at stake in the case, re-read Ben Barros' excellent post from last year.
Also, tons of links (briefs, case history, oral argument, news articles) at the SCOTUS Wiki page for the case.
A quick look seems to indicate that the Justices split (4-4, with J. Stevens taking no part) over the issue of whether there can be such a thing as a judicial taking under the right circumstances. Now, to go read the opinions . . . .
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- Stephen R. Miller on Why are building inspectors so often on the take?
- Josh Hightree on What makes people leave rural areas, and what makes them stay
- Jessica Shoemaker on What makes people leave rural areas, and what makes them stay
- Jamie Baker Roskie on Why are building inspectors so often on the take?
- Stephen R. Miller on What makes people leave rural areas, and what makes them stay
- March 4-6: Stanford 2015 Rural West Conference: Preservation and Transformation: The Future of the Rural West
- March 3 - J.B. Ruhl to deliver Boehl Distinguished Lecture in Land Use Policy at U Louisville Law
- Is this blog post "advertising"? California's bar proposes bright-line rule for regulating attorney blogs
- Two upcoming RMMLF events: 61st Annual Institute (July 16-18 in Anchorage) and 17th Institute for Natural Resources Law Teachers (May 27-29 at Utah Law)
- First Principles for Regulating the Sharing Economy