New Article: Property Rights in the Ninth Circuit, And Beyond

The Federalist Society has posted a new edition of Engage - The Journal of Federalist Society Practice Groups, a newsletter-format publication with short scholarly articles on topics such as Administrative Law, Environmental Law and Property Rights, and Civil Rights, among others. 

The most interesting article in this edition is Property Rights in the Ninth Circuit, and Beyond by J. David Breemer, Damien Schiff, and Elizabeth Yi, which analyzes the Crown Point case, where the Ninth Circuit finally ditched the Armendariz doctrine.  Armendariz stood for the proposition that a property owner's claim for violations of substantive due process rights were "subsumed" within the owner's claim for violation of the Takings Clause.  Thus, in land-related issues, a property owner could only bring takings claims.  Crown Point signals a revival of substantive due process as a viable claim in land use cases in the Ninth Circuit.  Download the article here.

Comments

[Charley Foster]

Thanks for posting that. It led me to Mr. Breemer's article about San Remo Hotel, et al., downloadable here:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=794244

It's an excellent companion piece.

[inversecondemnation.com]

Don't get me started about San Remo. We filed an amicus brief in that case, posted here:

http://www.inversecondemnation.com/San_Remo_amicus_merits.pdf