We’re straying outside the usual subjects of this blog (but not that far, since we also do a lot of work related to municipal governments and constitutional law).
Our “home” in the American Bar Association is the Section of State & Local Government Law (we’re Chair of the Section’s Eminent Domain Law group), has put…
As a cost-saving measure, Austin, Texas’s utility department had a “wait until it breaks” power line inspection policy, and one day, the lines broke.
Unfortunately, the broken power lines caused the Steiner Ranch wildfire which destroyed 23 homes. Insurance companies and uninsured homeowners sued the city, alleging tort and inverse condemnation claims. Sound familiar?
When…
Both a jury and the Court of Appeals concluded that the City of Milwaukie, Oregon, was liable in inverse condemnation for $58k because when it cleaned out the city’s sewer lines, it cause you-know-what to back up into Ms. Dunn’s house. The City asserted that it wasn’t liable — it didn’t mean to cause…
Mark your calendars for next week Thursday, May 22, 2014. ALI-CLE, the good folks who put on our annual Eminent Domain and Land Valuation Litigation and Eminent Domain 101 conferences, are sponsoring the above-titled teleconference/webinar. Here’s the program description:
The City of Richmond, California rattled the universe of real estate lenders, trustees, owners, bankers…
Update: PLF’s Dave Breemer on the decision “In a New Victory, Court Blasts Rules Barring Court Access for Property Owners,” while Gideon Kanner adds his thoughts in “Be Still, My Heart! Second Circuit Rules for a Property Owner In a Stinging Inverse Condemnation Opinion.”
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Check this out, just received: In…
We’ve been tied up with some filings, and have not been able to get to our promised review of the Ninth Circuit’s recent decision in Horne v. United States. We will do so once we put one more brief to bed, but until then, our colleagues in the Regulatory Takings Bar have published some…
We offer this one to you without comment, since we haven’t had a chance to read anything more than the abstract. Sounds intriguing, no?
This Article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept provides a framework that molds eminent domain takings and economic redevelopment into an …
Those of us who have been in the courtroom when the U.S. Supreme Court has conducted its sessions over the past decades will certainly recall the fairly tall guy in the fancy suit guiding the lawyers, press, and audience members where to sit, what to do, and the like. That was the Clerk of the…
Here’s an article worth reading, co-authored by our colleague Edward Thomas (no relation, although we often kid that Ed is our brother-in-the-law), President of the Natural Hazard Mitigation Association, and a fellow who is concerned both with anticipating natural hazards such as sea level rise, hurricanes, and the like, as well as property rights. …
The case that seemingly wouldn’t end — Coy Koontz, Jr.’s continuation of his late father’s case against the St. Johns River Water Management District over the WMD’s demand that they “pay to play” — has ended with its eighth appellate decision (including the now-famous visit to the U.S. Supreme Court), with another win for…
