Overview

The Supreme Court's recent decision in Knick v. Township of Scott has been aptly described by some commentators as the most significant property rights case of the last decade. In Knick, the Court found the regulatory takings claim, which had not yet been denied compensation in state court, was ripe nonetheless. In doing so, the Court explicitly overturned the second prong of the so-called Williamson County ripeness test that required property owners to seek a remedy through state action -- usually just compensation -- for the alleged taking before coming to federal court. The elements of these exceptions are explained in great detail in separate chapters. Understanding these exceptions is critical to litigating about land use regulations for such as open space, agriculture, and preservation/conservation where the subject land is left without any economic use. If the exceptions apply, the landowner gets no compensation. If the exceptions do not apply, the landowner prevails.

Full Product Details

9781641057486

Table of Contents

Reviews

This book is a valuable resource for any lawyer venturing into the regulatory taking field - regardless of age or experience. The wealth of knowledge, information, and analysis contained between these covers will stand you in good stead. --Michael M. Berger, Special Counsel, Manatt, Phelps & Phillips What's remarkable about Prof. Callies' latest work is how in this most readable and lean book he manages to impart so much, first with the history of takings law, then the public trust doctrine, and finally a most comprehensive analysis of background principles and nuisance as defenses to categorical takings. Read the book and you'll be well-prepared for the takings cases we expect now that Knick has opened the doors to the federal courthouse. --Dwight Merriam, Fellow of the American Institute of Certified Planners

"""This book is a valuable resource for any lawyer venturing into the regulatory taking field - regardless of age or experience. The wealth of knowledge, information, and analysis contained between these covers will stand you in good stead.""--Michael M. Berger, Special Counsel, Manatt, Phelps & Phillips ""What's remarkable about Prof. Callies' latest work is how in this most readable and lean book he manages to impart so much, first with the history of takings law, then the public trust doctrine, and finally a most comprehensive analysis of background principles and nuisance as defenses to categorical takings. Read the book and you'll be well-prepared for the takings cases we expect now that Knick has opened the doors to the federal courthouse.""--Dwight Merriam, Fellow of the American Institute of Certified Planners"

""This book is a valuable resource for any lawyer venturing into the regulatory taking field - regardless of age or experience. The wealth of knowledge, information, and analysis contained between these covers will stand you in good stead.""--Michael M. Berger, Special Counsel, Manatt, Phelps & Phillips ""What's remarkable about Prof. Callies' latest work is how in this most readable and lean book he manages to impart so much, first with the history of takings law, then the public trust doctrine, and finally a most comprehensive analysis of background principles and nuisance as defenses to categorical takings. Read the book and you'll be well-prepared for the takings cases we expect now that Knick has opened the doors to the federal courthouse.""--Dwight Merriam, Fellow of the American Institute of Certified Planners

Author Information

David L. Callies is Benjamin A. Kudo professor of law at the University of Hawaii's William S. Richardson School of Law where he teaches land use, state and local government and real property. He is also an external examiner for the Hong Kong City University's Department of Law. Prior to that, he practiced local government and land use law with the firm of Ross & Hardies of Chicago, during which time he also taught as an adjunct professor at the University of Wisconsin-Milwaukee's School of Architecture and Urban Planning and served as an assistant state's attorney. He is a graduate of DePauw University, the University of Michigan Law School (J.D.) and the University of Nottingham (LL.M.), and a past foreign fellow and present life member of Clare Hall, Cambridge University. He is past chair of the Real Property and Financial Services Section of the Hawaii State Bar Association, past chair of the ABA Section of State and Local Government Law, past chair of the section of state and local government law with the American Association of Law Schools, a member of the American Law Institute; a member of the College of Fellows of the American Institute of Certified Planners, and a member of the American College of Real Estate Lawyers. 0713

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available