August 2021

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

SCOTUS Continues to Protect Property Rights from Regulatory Takings

closed2.jpg

By Peter H. Webster, Dickinson Wright, PLLC and Jason C. Long, Steinhardt Pesick & Cohen, PC.

In Cedar Point Nursery v. Hassid, __US__; __ S Ct __ (2021), the Supreme Court held that a California regulation that required property owners to allow union organizers onto their property for three hours per day, 120 days per year, was a per se physical taking because it appropriated, without just compensation, an easement to enter private property.

The key issue was whether the regulation was a per se physical taking. If so, then, “[t]he government must pay for what it takes.”  If a restriction only limits an owner’s use of its property, however, the Court generally determines whether the restriction effects a taking using the approach in Penn Central Transportation Co v. New York City, 438 US 104 (1978) that considers factors including the regulation’s economic impact, its interference with reasonable investment-backed expectations, and the character of the government action.  But when the government physically appropriates property, Penn Central is not applicable.

Read More or Comment

Legislative Report

Join a Committee!

Take the opportunity to get involved by writing for one of our publications, presenting at a conference or seminar, or joining one of the committees that cover virtually every area in real estate law. See our committees and how you can join or see the committees you're already subscribed to.

Note to Committee Members:
Communication settings for RPLS Special Committee members have been changed to "Daily Digest." This means when a message is posted on your Committee page, you will receive the message the day after it is posted.


  Find Us on Facebook   Join Us on LinkedIn   Find Us on Twitter

Register Now!

RPLS Winter Conference 2023

March 9-11, 2023
The Don CeSar
3400 Gulf Blvd., St Pete Beach, Florida 33706 
Register now  |  Program PDF

Cost:
First time Winter Conference Section Attendees: $345
Section Members: $395; Non-Section Members: $475*
Young Lawyer Section Member: $100

After December 1, 2022
First time Winter Conference Section Attendees: $420
Section Members: $470; Non-Section Members: $550*
Young Lawyer Section Member: $100

* The cost to become a member of the section is $55. Become a member and save.
** All registrants are responsible for making their own room reservations and flight arrangements

Accommodations
Book a Room or call 800.282.1116 and ask for Real Property Law to get the group rate of: $399/night (+$28 resort fee/night). Room rate does not include taxes (13% for guest rooms and 7% state sales tax).

Rates will apply 3 days before and after the conference dates based on availability of group rooms at the time requested.

Rooms must be booked by February 7th.


For further information please contact Karen Schwartz.

Write an Article

Interested in writing an article for the e-Newsletter? Contact co-editors Glen Zatz gzatz@bodmanlaw.com, Samuel Kilberg at SKilberg@dykema.com, or Pat Paruch pat.paruch50@gmail.com.

Can't remember where you saw that e-Newsletter article? Check the e-Newsletter article index.



The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.