Real Estate & Property Law

Upcoming ABA Panel On The Judicial Takings Case (San Francisco 8/6/2010)

By Robert Thomas (inversecondemnation.com)

This Friday, August 6, 2010 from 2:30 - 4:00 p.m. as part of the ABA Annual Meeting in San Francisco, the Section of State and Local Government Law is co-sponsoring a panel discussion of what was, in my opinion, the most fascinating case of the Supreme Court's recently-concluded term, Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (June 17, 2010).

This Term, the Court dealt with corporate speech, guns, "crush videos," process patents, and Sarbanes-Oxley, but in Stop the Beach Renourishment, the Court attempted to tackle the most metaphysical of questions: can a state supreme court decision "take" property by changing the law? In the case, the Court came tantalizingly close to holding that a state supreme court decision can run afoul of the Fifth Amendment's Takings Clause and take property without just compensation. The Court concluded that the Florida Supreme Court's decision didn't, but four justices set out their theory of judicial takings, two justices argued these situations should be analyzed as substantive due process questions, and two justices concluded "not now, but maybe later."

I'll be moderating the expert panel: Jim Burling (Pacific Legal Foundation), John Echeverria (Vermont Law School), Richard Frank, University of California Boalt Hall Law School), and Dan Stengle, (Hopping Green & Sams, Petitioner's counsel). Each of us filed briefs in the case, and it promises to be an informative and spirited discussion. With the Court leaving us hanging, our panelists will not only be discussing the case as decided, but will provide insight for what the next case may bring.

Mark your calendars, and come join us in Yosemite Room B, Ballroom Level, Hilton San Francisco Union Square. More information here.

Full post as published by inversecondemnation on August 05, 2010 (boomark / email).