The meeting of the Council of the Section was properly convened on May 5, 2000 at 9:00 a.m.

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Takings Retreat Report

• Tom Roberts reviewed the history of the retreat, the release of the initial document, the firestorm regarding the invitation process, and the later discussions. He indicated that after the discussion, people seemed generally satisfied that the process was proper but remained concerned about the outcome in terms of the representativeness of the group and about the substance of the report. The Section invited comments from individuals and groups. Roberts reported that the Section received a fair amount of responses opposing the report.
  
  
• Peter Buchsbaum argued that the group was representative. He tried to differentiate the positions taken in the report from proposed legislation and argued that the report could not be used in a partisan battle. He reviewed the recommendations in the report regarding finality and state court litigation for compensation. He also discussed forum choice aspects of the issue.
  
  
• Sholem Friedman reported that the Executive Committee discussed the report extensively and had a recommendation to make. The recommendation was to invite participants in the retreat, those who commented on the report, and others, to author articles on takings and the issues surrounding this area of the law to be included in a publication entitled "Perspectives on Takings." The proposal was to have Patricia Salkin, Tom Roberts, Mary Massaron Ross, Peter Buchsbaum, Larry Smith, and Ed Sullivan work on the publication.
  
  
• John Copelan moved and Dan Curtin seconded a motion to adopt the Executive Committee's resolution.
  
  
• Jim Baird explained the rationale further. The original idea of the retreat was to try to develop a consensus that would lead to a proposal to clarify and improve the law governing takings. But this has not occurred. The Section should therefore continue to foster the debate and provide a forum for further discussion through the Section's publications. The publication would include varying perspectives on takings and the issues involved.
  
  
• Tom Roberts pointed out that the retreat report should not serve as a lead article of such a book. He argued that the report is one-sided, pro-developer, and insufficient to set an agenda for considering the takings issue. Instead the report should be seen as a catalyst for the publication. Sholem Friedman commented that this was the intent of the Executive Committee.
  
  
• The Council further discussed the issue and proposal. Ed Sullivan commended Peter Buchsbaum for his professional handling of the issue and observed that the dialogue was healthy.
  
  
• The motion passed and the Section adopted the Executive Committee's recommendation. Sholem Friedman will send a letter thanking those who commented and inviting their participation in the publication effort.

Motion to Adjourn

A motion to adjourn was made by Jim Baird and seconded by John Copelan. The motion passed.

Respectfully submitted by,

Mary Massaron Ross
Secretary

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