Last week, the Supreme Court issued its opinion in Kisor v. Wilkie. As the property rights lawyers discussed on this blog before the decision came out, the case generated a lot of interest because it presented an opportunity for the Court to overturn “Auer Deference”—a doctrine of interpretation that requires courts to defer to agency… Read more »
The Agriculture Marketing Agreement Act of 1937 allows the United States Secretary of Agriculture to establish “marketing orders” to ensure stability in a variety of agricultural markets. The marketing order requiring raisin growers to turn over a percentage of their crop to the government free of charge is an allocation… Read more »
Condemnation law can be a tricky affair. But, until recently, there was one solid rule you could rely on: if the government physically takes possession of someone’s property, it’s generally a taking, and the government has to pay the owner. You will notice we noted “until recently.” The United States Supreme Court will soon have the… Read more »
