February 2011

Anyone who is a regular reader of this blog knows Mike Berger. If you don’t immediately recognize his name just check the reports of decisions because you certainly know his cases, which include: Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency (2002), City of Monterey v. Del Monte Dunes at Monterey, Ltd. (1999), Preseault

In a recent op-ed, Tennessee attorney Jeremy Hopkins

Al-Qaida, the Klan and property activists? (Jan. 20, 2011) 

A Virginia Department of Emergency Management’s training manual (“Terrorism & Security Awareness Orientation for State Employees”) has labeled “property rights activists” as terrorists.

The manual contains a list of “Terrorist Organizations,” and includes Hamas, al-Qaida, and Hezbollah

The Washington Supreme Court held that a state statute allowing relocation benefits to property owners displaced by an exercise of eminent domain does not impliedly allow the property owner to recover prejudment interest on the award:

This case involves whether interest is allowable as part of an award of relocation assistance benefits under the relocation

Michael Galinsky, Suki Hawley, and David Beilinson, the makers of “Battle of Brooklyn,” a documentary about the controversial Atlantic Yards project, screened a rough cut of their film last night at the American Law Institute-American Bar Association’s eminent domain law conference. It’s an inside look at one property owner at the

AliabaAt today’s ALI-ABA annual conference on eminent domain law in Coral Gables, Florida, Tony Della Pelle (NJ Condemnation Law blog) and I (in a session moderated by Nancy Myrland) presented “The ‘Social’ Lawyer: New Media Strategies for Marketing Your Eminent Domain Practice,” about how eminent domain attorneys can use social media for

This just in: the U.S. Court of Appeals for the Federal Circuit has issued an opinion in Klamath Irrigation District v. United States, No. 2007-5115 (Feb. 17, 2010), a case we’ve been watching.

I’m at the ALI-ABA conference on eminent domain in Coral Gables, Florida, so won’t have the chance to digest and summarize

There are some cases where, after reading the majority and dissenting opinions, you understand that the judges are on the same page but just have a differing view of the law. However, there are opinions where there seems to be a severe disconnect between the majority and dissent because they address different arguments and advance

The makers of “Battle of Brooklyn,” a documentary about the controversial Atlantic Yards project, will present preview screengs of their film later this week at the upcoming American Law Institute-American Bar Association’s eminent domain law conference (Eminent Domain and Land Valuation Litigation, and Condemnation 101: Making the Complex Simple in

The U.S. Supreme Court has agreed to decide a case about whether state laws which require elected officials to recuse themselves from considering matters on which they appear to have conflicts of interest, impermissibly infringe upon the officials’ First Amendment rights.

This issue has wide-ranging importance to the players in the land use arena since