Will Florida takings injustice tempt SCOTUS?

Simone and Lyder Johnson say they

were drawn to Ponce Inlet, Florida, where they bought land and made plans to construct their dream home. Sensing that the town may be able to benefit, Ponce Inlet persuaded the Johnsons to expand their plans into “a delightful mixed-use waterfront development.”

Over several years, the Johnsons bought additional parcels while working hand-in-hand with the town. They were amenable to providing everything the town asked for, like a nature preserve and boat slip. After millions of dollars were spent, the town changed its mind, halted all work, denied permits, and went so far as to pass legislation prohibiting all development on the Johnsons’ property.

Under current regulatory takings law, government is hardly ever required to pay compensation when it forbids the use of land. Is the injustice in this case extreme enough to tempt SCOTUS to revisit the issue? [Ilya Shapiro, Trevor Burrus, and Meggan DeWitt on Cato certiorari brief in Pacetta v. Ponce Inlet]

And a reminder to mark your calendar: Cato’s 17th annual Constitution Day is coming up Monday, September 17. Details and registration here.

No tags for this post.
Will Florida takings injustice tempt SCOTUS? curated from Overlawyered

Comments

Post a Comment

Popular posts from this blog

Commentary, Media Hits, and Events (March 5 – May 30)

Image
Here are my commentaries, media hits, and speaking engagements from March 5, 2018 through May 30, 2018. The bulk of these hits concern the CUNY protest, as well as the travel ban.   Articles Defiance and Surrender , 59 So. Texas L. Rev. (2018).   Commentary Conservative and Libertarian Lawyers in the Era of Trump , Lawfare (May 29, 2018). Dueling Cosmic Injunctions, DACA and Departmentalism , Lawfare (May 22, 2018). The Easy Way Forward on Trump v. Hawaii , Lawfare (Apr. 25, 2018). CUNY Law students heckled my talk on campus free speech , NY Daily News (Apr. 21, 2018). Students at CUNY Law Protested and Heckled My Lecture about Free Speech on Campus , National Review (Apr. 12, 2018). Testing California’s “Sanctuary Law,” Wall Street Journal (Mar. 13, 2018) (with Ilya Shapiro) ( Reproduction ). Analysis of IRAP v. Trump Part I: The Fourth Circuit’s Reliance on Pre- and Post-Inauguration Statement s, Lawfare (May 27, 2017). Analysis of IRAP v. Trump Part II: The Fourth
Read more

Crime and punishment roundup

Fiasco of Cliven Bundy prosecution points up that even those who break the law are entitled to a fair trial. “In the Bundy case, Judge Navarro slammed the FBI for withholding key evidence. Unfortunately, this seems to be standard procedure for the FBI.” [ James Bovard, USA Today ; Mark Joseph Stern, Slate ; earlier ] Don’t undermine structural protection Double Jeopardy Clause provides against prosecutorial overreach [ Jay Schweikert on Cato amicus brief in Currier v. Virginia] Case gives SCOTUS chance to reconsider “dual sovereignty” exception to Double Jeopardy Clause [ Ilya Shapiro on Cato certiorari brief in Gamble v. U.S.] “The room he was in happened to fall within 572 feet of a park and 872 feet of a school,” within the 1000 feet set by Tennessee law, result misery [ C.J. Ciaramella and Lauren Krisai, Reason (“Drug-free school zone laws are rarely if ever used to prosecute sales of drugs to minors. Such cases are largely a figment of our popular imagination.”)] Missed la
Read more

Constitutional law roundup

“Asking a Fourth Amendment nerd why the police don’t just get a warrant is like asking an auto mechanic why drivers don’t just buy a new car.” [ Orin Kerr on Twitter] “Judge Thapar Can Handle the Truth about the Fourth Amendment and Due Process” [ Ilya Shapiro on police-search case of Morgan v. Fairfield County as well as public university due process case of Doe v. Michigan] “Indispensable Remedy: The Broad Scope of the Constitution’s Impeachment Power” [Gene Healy, Cato white paper and video feature ] Michael Stokes Paulsen series at Law and Liberty on impeachment and originalism [ introduction , developing a principled constitutional basis for use of the power, digression on Aaron Burr , special considerations of impeaching judges and presidents ; on original meaning of “high crimes and misdemeanors” in context of English history and Framers’ debates ] “Nonviolent Felons Shouldn’t Lose Their Second Amendment Rights” [ Ilya Shapiro and Matthew Larosiere on Cato amicus in S
Read more