This conference explores the regulatory takings issue as it relates to land use and environmental regulation. The conference brings together a diverse group of leading scholars and experienced practitioners to discuss cutting-edge issues raised by recent and pending court cases and new regulatory initiatives.
Key Questions to be Addressed:
- What did the Supreme Court rule in Stop the Beach Renourishment and what does it mean?
- Where does eminent domain law stand in California and other states five years after Kelo?
- What are the latest developments in federal rails to trails takings litigation?
- Is water different from land and other resources under the Takings Clause?
- What are the standards for determining government liability for alleged breaches of contracts?
General Conference Documents
- Public-Private Partnerships in New York City, in Kelo's Wake
by Lisa Bova-Hiatt
- The Third Categorical Taking: The Right to Use Water is a Protected Property Interest Subject to a Per Se Takings Standard
by J. David Breemer
- The Worst Property Opinion Ever
by Peter Byrne
- Public Takings of Private Contracts
by John D. Echeverria
- Stop the Beach Renourishment: Why the Judiciary is Different
by John D. Echeverria
- The Elements of Liability in a Trails Act Taking: A Guide to the Analysis
by Cecilia Fex
- Fifth Amendment Takings Claims in the Context of the Rails-to-Trails Program
by James D. Gette
- Substantive Takings Law: A Primer
by Robert Meltz
- Stop the Beach Renourishment v. Florida Department of Environmental Protection
by Thomas W. Merrill
- The Wake of Kelo Five Years After: A Survey of State and Federal Legislative Action and Judicial Activity
by Marc Mihaly and Turner Smith
- Pre-Trial Amicus Curiae Brief of California State Water Resources Control Board Filed in Casitas Municipal Water District v. United States
by Tara Mueller
- Deciphering and Extrapolating: Searching for Sense in Penn Central
by R.S. Radford and Luke A. Wake
- Judicial Takings Redux: Stop the Beach Renourishment v. Florida Department of Environmental Protection
by Barton "Buzz" Thompson
- Selected Threshold Procedural, Substantive, and Remedy Issues in Federal Takings Cases
by Michael von Loewenfeldt
Registration and Continental Breakfast
Introductory Program on Takings and Related Constitutional Doctrines
Robert Meltz, Congressional Research Service
Michael von Loewenfeldt, Kerr & Wagstaffe LLP
Welcome and Introductions
Takings Law in the Era of Climate Change: Stop the Beach Renourishment
Peter Byrne, Georgetown University Law Center
Edwin Kneedler, U.S. Department of Justice
Thomas Merrill, Columbia Law School
Barton Thompson, Stanford Law School
Penn Central Unleashed
R. S. Radford, Pacific Legal Foundation
Matthew Zinn, Shute Mihaly & Weinberger LLP
Eminent Domain: Kelo Five Years Out
Lisa Bova-Hiatt, New York City Law Department
Marc Mihaly, Vermont Law School
Back to the Future: History, Water Rights and Climate Change
John Leshy, The Harry D. Sunderland Distinguished Professor of Real Property Law, U.C. Hastings School of Law
The Contracts and Takings Intersection
Jeanne Davidson, U.S. Department of Justice
John Echeverria, Vermont Law School
Rails to Trails Takings Litigation
Cecilia Fex, Ackerson Kauffman Fex, PC
James Gette, U.S. Department of Justice
Is Water Regulation a Taking?
David Breemer, Pacific Legal Foundation
Tara Mueller, California Attorney General's Office
Joseph Sax, U.C. Berkeley School of Law
U.C. Berkeley School of Law,
The following hotel is recommended for conference participants based on the hotel’s proximity to U.C. Berkeley School of Law. Room availability is limited, so please be sure to book rooms well in advance of the conference.
Hotel Shattuck Plaza
2086 Allston Way
Berkeley, CA 94704
Conference rates available until September 30, 2010
Group: Takings Conference
Speakers are subject to change.
For questions or registration help please contact Jane D’Antonio at Vermont Law School.