Grab a Tim Hortons double double and get ready to read an interesting opinion.
What we call “eminent domain” Canada calls “expropriation.” But that’s not the only thing different about the takings law of the U.S. and that our neighbors in the Great White North.
Generally, under the law of most U.S. states, lost business
Update: we removed the embedded video that was posted above, since CBS kept replacing it with other clips. Here’s a direct link to the video.
As our readers know, we follow with keen interest events in the People’s Republic of China (does anyone call it that, anymore?), especially those issues related to property and
The other shoe has dropped, and in “Environmental Lawyers Off Target With Criticism Of Callies,” U. Hawaii lawprof David Callies responds to and rebuts an earlier op-ed by the Director of the Sierra Club and an Earthjustice lawyer which criticized Professor Callies’ recently-published law review article (and follow-up interview) detailing the stunning
From North Carolina colleague Matthew Bryant comes a heads-up to this report from WFDD, the NPR affiliate, “Possible Twist in Winston Northern Beltway.”
It’s about an ongoing inverse condemnation fight in the Winston-Salem area over the N.C. Department of Transportation’s designation in the mid-to-late 1990’s of certain properties for acquisition for a bypass
This one is not about takings, but this cert petition does relate to land and water, and come on, when the case involves Tombstone, Arizona calling out the federal government to a showdown — not at High Noon, but in the High Court — do you think we could have passed up the opportunity to
Here are two amicus briefs supporting the cert petition in Estate of Hage v. United States, No. 12-918 (cert. petition filed Jan. 17, 2013). That’s the case in which the Federal Circuit held that a 22-year old takings case was not ripe because even though the agency denied Hage’s every application for a grazing
As we noted here, the City of Los Angeles has filed a cert petition asking the Supreme Court to review Lavan v. City of Los Angeles, 693 F.3d 1022 (9th Cir. 2012). In that case, a 2-1 Ninth Circuit panel held that the city could not presume that property owned by homeless people
Here are some thoughts about the Federal Circuit’s recent opinion in Casitas Municipal Water District v. United States, No. 2012-5033 (Feb. 27, 2013). It’s a long opinion, and we haven’t had a chance to digest it in detail, so these thoughts are not ours but are informative nonetheless. We offer this link to “
In Midwest Materials, Inc. v. Wilson, No. 84A04-1205-MI-258 (Feb. 27, 2013), the Indiana Court of Appeals held that Midwest did not suffer a taking for the loss of its property during the time a requirement that it provide water service to neighboring residences as a condition of a “special exception” needed to build a