According to this story (“Eminent Domain and a Horse Slaugherhouse at Wounded Knee?“) the Oglala Lakota Nation has decided to condemn land on the reservation at Wounded Knee, South Dakota to prevent its sale by its current (non-Indian) owner to third parties. The Wounded Knee site is significant for at least two reasons
Predicting The Koontz Case: Six Possible Outcomes
Hat tip to ABA State and Local Government Law colleague (and fellow U.H. Law School alum) Julie Tappendorf for the lead on a newly-published article: John M. Baker and Katherine M. Swenson, Koontz v. St. Johns River Water Management District: Trudging Through a Florida Wetland with Nine U.S. Supreme Court Justices, in the latest
Missouri S Ct Deconstructs Condemnor’s Stated Reasons, Finds Taking Is “Solely” For Economic Development
Update: Professor Ilya Somin, a leading eminent domain scholar and author of the definitive articles on post-Kelo reforms, adds his thoughts on the decision here. Here’s a report from the local paper.
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In the wake of Kelo v. New London, 545 U.S. 469 (2005), a majority of states adopted rules about
Monday Round-Up: Casinos, Sandy Aftermath, Mortgage Seizure
What we’re reading today:
- Illinois casinos to have eminent domain power? – “Illinois Senate Approves Granting Eminent Domain Power to Casinos” – via Eminent Domain and Real Estate Blog.
- “Eminent Domain hurt black families” – an op-ed from the Knoxville, Tennessee paper by Robert Booker.
A Visit To Drake’s Bay Oyster Farm, Epicenter Of A California Food Fight
When we originally posted about Drake’s Bay Oyster Co. v. Salazar, No. 13-15227, an appeal now awaiting the Ninth Circuit’s ruling (oral argument video here, key briefs here), we knew further research on the issue was in order, perhaps by making a site visit. Yesterday, we had the opportunity to do just
One More Common Carrier Case From Texas: Pipeline Would Transport Liquid Natural Gas, Not “Texas Tea”
Here’s one as cliché as beach cases from Hawaii: an opinion from a Texas court about the meaning of the term “crude petroleum” in the Texas Natural Resource Code. Oil that is. Black gold. Texas Tea.
It’s also another pipeline case from the Texas Court of Appeals (Ninth District) — the same panel that
Tex App: TransCanada Keystone Pipeline Is Common Carrier With Eminent Domain Power
At a recent ABA conference, we suggested during our presentation that cases involving pipelines (petroleum, natural gas, etc.) would be “hot topics,” and here’s the latest: in In re Texas Rice Land Partners, Ltd., No. 09-12-00484-CV (May 23, 2013), the Texas Court of Appeals (Ninth District) held that TransCanada Keystone Pipeline, L.P. is
Eminent Domain And Condemnation Law Conference (Honolulu, Aug. 21, 2013)
Mark your calendars: on August 21, 2013, The Seminar Group is putting on the 2d Annual Eminent Domain and Condemnation Law Conference, in Honolulu (Hilton Waikiki Beach). Our Damon Key partner Mark M. Murakami is the Planning Chair, and the rest of the faculty is pretty good, too.
We’ll be speaking at two of the
Final Briefs In Arkansas Game Remand (Flooding As A Taking)
Here are the latest (and last, presumably) briefs in the Arkansas Game & Fish Commission v. United States case, now in the Federal Circuit after remand by the U.S. Supreme Court. The Court earlier reversed the Federal Circuit’s conclusion that government-induced flooding could not be a taking unless it was “permanent,” and remanded the case
Audio Of HSBA Appellate Section CLE On Amicus Briefing
Earlier this week, I spoke to the Hawaii State Bar Association’s Appellate Law Section about amicus briefing, along with Daniel Gluck, Senior Staff Attorney at ACLU Hawaii.
I appeared by videoconference, and we were able to record my remarks. The handout and links I mention are posted here.
Stream it here:
HSBA-appellate-amicus-briefing-thomas-5-2013
Or download it here (right-click, “save as” – 27 minutes, 12mb mp3)
Continue Reading Audio Of HSBA Appellate Section CLE On Amicus Briefing