September 2013

As we noted here, where we posted the petition for review, what might be the first major appellate decision following the U.S. Supreme Court’s decision in Koontz may be on the way.

Today, the California Supreme Court agreed to review (order here) the Court of Appeal’s decision in California Building Industry Ass’n

 Norfolk

Earlier today, the Virginia Supreme Court, in PKO Ventures, LLC v. Norfolk Redevelopment and Housing Authority, No. 121534 (Sep. 12, 2013), invalidated takings of non-blighted properties which were part of a larger area designated as blighted.

In 2007, Virginia adopted a statute requiring that if property is taken to eliminate blight, the property

Dwight Merriam, familiar to our readers for the items of interest he frequently forwards, as a co-author of a recent brief in the New York rent control case, chapter author in the seminal eminent domain treatise Nichols on Eminent Domain, for being the editor of the ABA’s annual “Cutting Edge

It’s troubling when someone whom you regard as a mentor disapproves of something you’ve done, especially if the criticism is harsh, done publicly, and is in parts unfair.

That’s my reaction to “What the Hell Does the Holocaust Have to do With Inverse Condemnation?,” Professor Gideon Kanner’s objections, posted on his own Gideon’s

Missouri has a peculiar statute that we wish were more widespread. In 2006, state legislators adopted the “heritage value” statute requiring courts award an additional 50% over fair market value as just compensation when property owned by a family for more than 50 years is taken by eminent domain. Thus, when heritage property is taken

University of Hawaii lawprofs Carl Christensen and Williamson Chang have kindly asked me to visit their Legal History of Hawaii class (Law 520D) on Thursday, September 19, 2013, and guest lecture on the topic of “Land Reform and the ‘Public Use’ Factor in Eminent Domain: Midkiff, Kelo, County of Hawaii v. C & J

Here’s the Opinion and Order of the Court of Federal Claims after the damages trial in Childers v. United States, No.  08-1981 (Aug. 5, 2013). It’s a very long opinion (145 pages, with a table of contents!), so we’re not going to summarize it, but if you want to know how a rails-to-trails case