Check it out: Clint Schumacher’s latest Eminent Domain Podcast, with guest Professor Ilya Somin on Murr v. Wisconsin.
2017
The Federal Courts Aren’t “Super Zoning Boards Of Appeal,” But They Have Time For Monkey Selfies
We’ll just leave this right here. Dr. Zaius could not be reached for comment.
Virginia: Right To Exclude Doesn’t Include Right To Exclude Potential Condemnors (For Now)
In Palmer v. Atlantic Coast Pipeline, LLC, No. 1160630 (July 13, 2017), the Virginia Supreme Court concluded that an out-of-state natural gas company has the power under Virginia’s “entry statute” to enter private property to conduct surveys to determine if the land is suitable for condemnation for a pipeline.
When a property…
Condemnor Didn’t Have To Pay For Escaped Gas
Escaping gas isn’t enough, it has to be captured.
Yes, a clickbaity title, but this one is about just compensation, so please. You can create your own puns for this case, Northern Natural Gas Co. v. L.D. Drilling Defendants, No. 15-3272 (July 11, 2017), in which the U.S. Court of Appeals for the Tenth…
Murr: The Law Review Editors’ Full Employment Act
Update 7/24/2017: Here is our contribution to the article scene.
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Someone (I think it was Professor Ilya Somin [update: confirmed – he noted it here]) recently noted that if nothing else, the U.S. Supreme Court’s decision in Murr v. Wisconsin will be a boon for law professors looking for something to fill…
Conn App: Because Owner Can Easily Correct The Problem With Confiscatory Regulation, His Reasonable Expectations Have Not Been Thwarted
A very short one from the Connecticut Appellate Court, Santos v. Zoning Board of Appeals, No. AC37281 (July 11, 2017) in a Penn Central-style takings challenge to local land use regulations. We’re going to set out the facts, then let you guess who prevailed.
The plaintiff purchased an unimproved parcel of land in Stratford…
2018 ALI-CLE Eminent Domain & Land Valuation Litigation (Charleston, SC) Early-Bird Discount Registration Open
ALI-CLE has posted up the early bird registration page for the 2018 edition of the Eminent Domain and Land Valuation Litigation Conference, to be held January 25-27, 2018 in an exciting new venue, Charleston, South Carolina.
We are putting the agenda and faculty together for the Conference (which, as always, will include the…
Murr Round-Up
Now that the dust has settled somewhat, for your weekend reading, here are your links to some of the vast amount of commentary which the Murr v. Wisconsin decision has thus far generated:
- “Justices Answer Parcel Question in Property-Rights Dispute” – Courthouse News Service
- “Murr – SCOTUS Meets Dick Babcock’s Ghost”
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Georgia Supreme Court Considering Whether Landowner’s Bill Of Rights Are Merely “Guidelines”
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Night of the Living Zombie Zoning Inspectors – Ordinance Allowing Searches For Unauthorized Cemeteries “Constitutionally Suspect,” But Not Yet Justiciable
The Township of Scott, Pennsylvania, apparently has a problem of unregulated cemeteries. Who knew?
So it did what local government do when they think they have a problem, it passed a law. That law, Ordinance 12-12-20-001, required owners of all cemeteries, public or private, to maintain them. The ordinance also contained two troublesome provisions.



