September 2016

Eminent Domain Las Vegas print brochure--final - Copy

Do you really need an excuse to visit Las Vegas in the interregnum between its brutally hot summers and the winter high season? Probably not.

But if so, here’s your opportunity. Plus, you can earn CLE credit.

CLE International is putting on “Eminent Domain 2016: Current and Emerging Issues for Litigators” at Caesar’s

Here’s a newly published article from University of Virginia lawprof Maureen Brady, “Property’s Ceiling: State Courts and the Expansion of Takings Clause Property” 102 U. Va. L. Rev. 1167 (2916). We think it is worth your time reading.

What particularly caught our eyes about the article was its focus on municipal “regrade”

A long title for today’s post, but there’s a lot that needs to be captured.

In Texas Dep’t of Transportation v. Hankins, No. 01-14-00299-CV (Aug. 31, 2016), the Texas Court of Appeals threw out a jury verdict in an inverse condemnation case, concluding (sua sponte) that the property owner plaintiff didn’t have

On one hand, we don’t care for attorneys’ fee fights. They are satellite litigation, almost always after the merits have been resolved. They can get tedious (does anyone like going over years of timesheets and billing records, and haggling over whether a motion should have reasonably taken 1 hour or 5 hours?), many judges don’t

We’re in the final stages of getting the agenda ready for the 2017 ALI-CLE Eminent Domain and Land Valuation Litigation Conference, to be held in San Diego, California, on January 26-28, 2017. Look for the official announcement of the program soon.

In the meantime, we thought this preview of one of the topics was

Check this out, a follow-up to our earlier post about the Texas Supreme Court opinion in which the property owner pushed back against a taking of a part of his ranch by a water district by forming his own water district, thus creating a situation where one governmental entity was trying to take another governmental

Some states (mostly in the Midwest, to our knowledge) don’t really recognize inverse condemnation” claims, at least as we in other jurisdictions use that term. Instead of recognizing a direct cause of action for compensation and damages when government has taken property physically or by regulation without first instituting an eminent domain case, these jurisdictions