W’re not going to say much about the U.S. Court of Appeals for the Third Circuit’s decision in Columbia Gas Transmission, LLC v. 1.01 Acres, No. 13-4458 (3d Cir. Sep. 26, 2014), since the opinion is not too long, and the court’s conclusion is pretty “straightforward” as it noted:
The issue before us is
In State of Oregon v. Alderwoods (Oregon), Inc., No. A146317 (Sep. 17, 2014), an en banc equally-divided Oregon Court of Appeals affirmed the trial court’s determination that while the property owner possessed a property right in access to a public highway, that common law right was worth … pretty much nothing.
Being an
Another one of those we’ve been meaning to post before 2014’s end.
In Tribett v. Shepherd, No. 13 BE 22 (Sep. 29, 2014), the Ohio Court of Appeals held that the 1989 version of the Ohio Dormant Mineral Act did not work a taking.
The plaintiffs own a 61-acre parcel. Their predecessors in
We all know that in straight condemnation actions, the condemnor must usually name all parties with an interest in the land as defendants. Indiana law is no different, although the Indiana Supreme Court has ruled that nonjoinder is not a jurisdictional defect. In Snyder v. Town of Yorktown, No. 18A02-1405-CT-332 (Oct. 10, 2014), the
In Admasu v. Port of Seattle, No. 70220-3-1 (Dec. 18, 2014), the Washington Court of Appeals held:
St. Charles Land Co. II, LLC v. City of New Orleans, No. 14-CA-101 (Dec. 23, 2014), involved the amount of compensation in an inverse case over 8.08 acres of New Orleans land used for the extension of an airport runway. The trial court determined just compensation at $30,740.
Here’s the heart of the opinion:
Here’s the Washington Court of Appeals in City of Bellevue v. Pine Forest Properties, Inc., No. 71827-4-1 (Dec. 22, 2014):
Without question, condemnation of the property for construction of the East Link Project and the City’s road improvement project is a public use.
Slip op. at 15. There’s more detailed analysis in the
Continuing our year-end opinion rush, here’s Thaw v. Moser, No. 14-40108 (Oct. 9, 2014).
Mr. Thaw sought bankruptcy protection. As part of the process, the trustee was going to sell the house he owned with Mrs. Thaw, who was not bankrupt, and claimed a homestead exemption.
The Fifth Circuit rejected Mrs. Thaw’s claim
Back in the day, before the cycling craze really hit the U.S., we were really into the sport. Wool jerseys, toe clips, and other stuff that is now probably considered retro. We also followed the European racing scene, even though the only American to follow was Greg LeMond.
LeMond has long since retired
A short one (as usual) from the New York Supreme Court, Appellate Division.
The court’s opinion in New Creek Bluebelt, Phase 4 v. City of New York, No. D42909 (Nov. 19, 2014) is so brief, you should just read it yourself. But here are the highlights: