Conference Schedule of Events

President’s Gallery, Wren Building (please note the Wren Building has limited accessibility for people with physical disabilities)

Marshall-Wythe School of Law, Penny Commons

Marshall-Wythe School of Law, Room 119

Since the regulatory takings doctrine first emerged almost 100 years ago, it has been analyzed, probed, and debated by many.  Despite the years of debate, the Supreme Court still faces significant questions about the scope and meaning of the doctrine. From the issue of the choice of denominator, to the role of economic impact and investment-backed expectations, the wisdom of an ad hoc versus per se approach, and the doctrine’s very constitutionality, the Court still has not clearly resolved fundamental questions about the doctrine. One of the nation’s leading property rights scholars, Steven Eagle has devoted years to analyzing the complex field of regulatory takings. Using Eagle’s work as a springboard, Panel 1 will discuss the current state of regulatory takings jurisprudence.

Opening Remarks: Steven J. Eagle, Professor Emeritus of Law, Antonin Scalia Law School, George Mason University

• Thomas W.  Merrill, Charles Evans Hughes Professor of Law, Columbia Law School
• David L. Callies, FAICP, Benjamin A. Kudo Professor of Law, William S. Richardson School of Law, University of Hawaiʻi at Mānoa
• James S. Burling, Vice President for Legal Affairs, Pacific Legal Foundation, Sacramento, California

10:30 am - 10:45 am  Networking Break

 Marshall-Wythe School of Law, Penny Commons

10:45 am - 12:00 noon

Panel 2: Public Resources and Private Rights

Marshall-Wythe School of Law, Room 119

Because of the economic and individual rights focus of American property law, many view the institution of property primarily as a realm of private rights. Privatization of public or common resources is often viewed as preferable and has led to many actions questioning or eliminating public interests in tangible and intangible resources. Others view the institution of property as involving a continuum of arrangements varying from government-owned and inherently public property to open access, semi-commons, and private property. Panel 2 will consider these different views, discussing the approaches of legislatures, courts, and commentators to the balance between public and private interests in resources.

• Henry E. Smith, Fessenden Professor of Law, Harvard Law School
• Michael A. Heller, Lawrence A. Wien Professor of Real Estate Law, Columbia Law School
• The Honorable Ken Bell, Former Florida Supreme Court Justice
• Robert H. Thomas, Director, Damon Key Leong Kupchak Hastert, Honolulu, Hawaiʻi

12:15 pm - 1:15 pm

Lunch Roundtable: Emerging Issues in Takings Litigation

Marshall-Wythe School of Law, Room 119

• The Honorable Virginia Baker Norton, Circuit Judge, Fourth Judicial Circuit of Florida
• Mark F. (Thor) Hearne II, Esq., Partner, Larson O'Brien LLP, St. Louis, Missouri
• Shelley Ross Saxer, Laure Sudreau Chair, Pepperdine University School of Law

1:30 pm - 2:45 pm

Panel 3: Natural Gas and Other Energy Takings: Protecting Private Property Rights When the Public Interest Is Promoted by a Non-Governmental Entity

Marshall-Wythe School of Law, Room 119

Although the power of eminent domain is an attribute of sovereignty, a number of federal statutes authorize the use of eminent domain by utilities and private, for-profit companies to acquire easements and other property interests for approved projects. Landowners often find themselves overwhelmed when private companies and utilities condemn their property rights. In addition to public use issues, landowners increasingly face the prospect of federal courts granting the companies injunctive relief for immediate possession – before any compensation issues are resolved or quick take has occurred. These condemnations raise fundamental questions of federalism and choice of law relating to the measure of compensation, the valuation process, and the type of evidence admissible in court. How should property rights be protected when property is taken by non-governmental entities? Panel 3 will address these and other issues.

• James W. Ely Jr., Milton R. Underwood Professor of Law, Emeritus, and Professor of History, Emeritus, Vanderbilt University
• Stewart E. Sterk, H. Bert and Ruth Mack Professor of Real Estate Law; Director, Center for Real Estate Law & Policy
• Alexandra Klass, Distinguished McKnight University Professor, University of Minnesota Law School
• Andrew Prince Brigham, Attorney and Managing Owner, Brigham Property Rights Law Firm, Jacksonville, Florida

2:45 pm - 3:00 pm  Networking Break

 Marshall-Wythe School of Law, Penny Commons

3:00 pm - 4:15 pm

Panel 4: Property and Poverty

Marshall-Wythe School of Law, Room 119

As the problem of income inequality worsens and housing shortages for middle and low-income classes grow, more attention is being drawn to property’s impact on these social problems. What is property’s role in addressing or contributing to the widening gap in income or the housing shortage in a growing number of urban areas? How, if at all, does a stable system of property rights help the poor to improve their lives in a free market economy? Do other types of property systems and economies more effectively serve the poor while contributing to social and political cohesion? Panel 4 will address these and other questions about the relationship between property and poverty.

• Laura S. Underkuffler, J. DuPratt White Professor of Law, Cornell Law School
• Rashmi Dyal-Chand, Professor of Law, Northeastern University School of Law
• Dana Berliner, Senior Vice President and Litigation Director, Institute for Justice, Arlington, Virginia
• Larry Salzman, Litigation Director, Pacific Legal Foundation, Sacramento, California

4:15 pm - 4:45 pm  RECEPTION

 Marshall-Wythe School of Law, Penny Commons