February 2015

Have you ever read one of those opinions where each piece seems okay, but as a whole the result just doesn’t sit well? The Idaho Supreme Court’s opinion in State of Idaho, Dep’t of Transportation v. Grathol, No. 40168 (Feb. 11, 2015) is just one of those.

You’ve no doubt heard a lot about

Here’s the latest in an issue we’ve been following out of North Carolina.

In Kirby v North Carolina Dep’t of Transportation, No. COA14-184 (Feb. 17, 2015), the N.C. Court of Appeals not only held that the property owners’ claims were ripe, but that the Map Act — which gives the DOT the ability to

Here’s the latest pipeline takings case from Texas.

This one has been to the Texas Supreme Court before (see our post “‘Common Carrier’ Claim Subject To Actual Judicial Review“). That decision required trial courts to make an actual and factual inquiry into a claim that a pipeline company is a common carrier with

This is the first of two posts today out of the Tar Heel State (here is the other one). 

North Carolina lawyers no doubt knew this, but we can’t say that we did: the North Carolina Constitution currently does not have a provision that mirrors the Fifth Amendment’s Takings Clause. 

According to these

Here’s the trial court’s opinion in one of the Jersey Shore “dune replenishment” cases we’ve been following.

These are the cases in which owners of beachfront property (or in one case, a municipality itself) objected to the state and local governments summarily taking easements on private property to be used to armor the shoreline

Yesterday, we were able to attend the Ninth Circuit oral arguments in a case which we posted on last month, Rancho de Calistoga v. City of Calistoga, No. 12-17749.

In that case, the U.S. District Court for the Northern District of California dismissed the complaint filed by the owner of a wine country

If you are a “public agency staff, an appraiser, or a right-of-way consultant” (or, we presume, a lawyer) in California, check this out: a free half-day seminar on eminent domain issues in Costa Mesa on Thursday, March 5, 2015, presented by the Nossaman law firm, the guys who produce the California Eminent Domain

Owners of taxi medallions in Boston thought that they had some kind of special relationship with the city, perhaps understandably so. After all, taxi medallions are tough to get, are expensive, require the owner to comply with stringent regulations, and are the only commercial vehicles which can pick up passengers on the street (in other

Here’s the recently-filed amici brief of the National Federation of Independent Business and the NFIB Small Business Legal Center, which urges the Texas Supreme Court to review the Court of Appeals’ Memorandum Opinion in City of Dallas v. Highway 205 Farms, Ltd., No. 05-13-00951-DV (July 22, 2014). 

This case raises a jurisdictional issue that

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Here are the links from our opening sessions this morning:

  • The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but