From time to time over the past several years, I have written in this blog about various issues arising under the takings clause of the U.S. Constitution. Despite the apparent simplicity of this provision, which prohibits the government from taking private property for public use without just compensation, controversies regularly flare up regarding the question of indirect … [Read more...] about A divided Supreme Court changes the rules of regulatory takings disputes
property rights
Post year-end update on several new California laws affecting real estate
Those of you who are followers of my blog know that I post Items from time to time about current California legislation relating to real property issues. While the last several months witnessed several impactful high-profile legislative proposals and enacted statutes that garnered a great deal of attention, the most recent session of the California legislature that ended last … [Read more...] about Post year-end update on several new California laws affecting real estate
San Jose’s inclusionary housing ordinance allowed to stand, for now
Challenge San Jose’s inclusionary housing ordinance In this blog a few months back, I reported that the California Building Industry Association (“CBIA”), represented by Pacific Legal Foundation (“PLF”), a leading property rights advocacy group, was seeking U.S. Supreme Court review of the California Supreme Court’s decision last June to deny its challenge to the City of San … [Read more...] about San Jose’s inclusionary housing ordinance allowed to stand, for now
Justice Scalia’s continuing impact on California property rights
Real property rights in California, both past and future In the wake of the death of U.S. Supreme Court Justice Antonin Scalia, the news has been flooded with articles focused on the late jurist. Amid the unbridled speculation regarding the circumstances of his passing, the bitter political debate over the appointment of his successor, and the magisterial grandeur of his … [Read more...] about Justice Scalia’s continuing impact on California property rights