Our friend and colleague Alan Ackerman posted a note on his blog about a recent District Court ruling from the Western District of Virginia which upheld the power of a potential condemnor to enter property for the purposes of survey, without formally taking the property. See “Virginia Federal Judge Follows What May Be the
Brigham-Kanner Property Rights Conference Wrap-Up
text above photo*
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*photo courtesy of Joe Sherman (thanks, Joe).
Federal Circuit: “Before” Condition Must Account For Railroad Junk That Would Have Been Left Behind
A short one from the Federal Circuit, Rasmuson v. United States, No. 14-5089 (Oct. 5, 2015), that comes out of a rails-to-trails case, but has wider applicability.
The case involved the usual: plaintiffs owned lands over which the railroad had rights of way, and when the railroad ceased operating and the Surface Transportation Board
“One-Person, One-Vote,” Regulatory Takings, And Why You Can’t Rely On The Supreme Court’s Words Alone
Followers of the blog understand that in addition to our usual fare of eminent domain, land use, regulatory takings and the like, we also cover another area, election law and voting rights. That’s a weird feature of our practice, so we post about it. Call it “editor’s prerogative” or something.
But there are actually some
Introduction To The Civil Forfeiture Panel At The 2015 Brigham-Kanner Property Rights Conference
Earlier today, I moderated a panel of expert speakers on the topic of “Civil Forfeiture of Property” at the 12th Annual Brigham-Kanner Property Rights Conference at William and Mary Law School in Williamsburg, Virginia.
Sara Sun Beale of Duke Law, Scott Bullock of the Institute for Justice, and Sandra Guerra Thompson of the University of Houston
“Joe is such a believer in private property that he thinks everyone should have some” – The 2015 Brigham-Kanner Property Rights Conference
Greetings from the William and Mary Law School in (rainy) Williamsburg, Virginia, where we’re speaking at the 12th Annual Brigham-Kanner Property Rights Conference.
This year’s B-K Prize winner is Harvard Law’s Joseph Singer, who we wrote is “an interesting choice, given his theory that a ‘robust regulatory structure’ goes hand-in-hand with property
A Trial Judge Who “Gets” Eminent Domain
We don’t often post trial court decisions, but this recent ruling from an Idaho trial court awarding a property owner approximately $400,000 in fees and costs was a good read, and we’d like to share it with you all.
This is a ruling issued after a trial to determine just compensation for the partial taking
Penn Central, Part Deux? A New Complaint Alleges A Taking Of Grand Central Air Rights
Check this out, a story in the September 28, 2015 edition of the New York Times, “Owner of Grand Central Sues Developer and City for $1.1 Billion Over Air Rights.”
Reminds us of this obscure Supreme Court case we heard about…
The Times reports that the current owner of Grand Central Terminal
Chutzpah, Exhibit “A”
We don’t want to take too much time away from our usual land use, takings, and eminent domain fare, but we just couldn’t let this one go by without comment.
Last Friday, we posted our amici brief in Evenwel v. Abbott, No. 14-940, the reapportionment case which the U.S. Supreme Court is considering. The issue
New Book: Municipal Law Deskbook
Look what arrived in the mail, a copy of the ABA Section of State and Local Government Law’s recently-published Municipal Law Deskbook, edited by our friend and colleague, Oregon’s Bill Scheiderich.
We received a gratis copy because we authored the chapter on Regulatory Takings. The book is designed as a quick reference guide