We received a nice (although automatic) email note this morning from SSRN, letting us know that our draft article on Murr v. Wisconsin, Restatement (SCOTUS) of Property: What Happened to Use in Murr v. Wisconsin?, “was recently listed on SSRN’s Top Ten download list for: Property, Land Use & Real Estate Law eJournal.”
2017
Cal Eminent Domain Report On The Strange “Martins Beach” Decision
We’ve been offline lately, hanging out at the ABA Annual Meeting in New York, so haven’t had time to post, even though there is a lot to post about.
Thankfully, our colleague Brad Kuhn at the California Eminent Domain Report is on the ball, and has written up his thoughts about the California Court…
Murr v. Wisconsin Sound Bytes From The ABA Annual Meeting Program
A modest but very knowledgeable crowd joined us today at the ABA Annual Meeting in New York for a panel discussion and analysis of Murr v. Wisconsin. Here is the recording of our portion of the presenation (10mb mp3).
Here are links to some of the materials which we and the others…
Brief In Opposition In Public Trust Takings Case
Here’s the Brief in Opposition in Nies v. Town of Emerald Isle, No. 16-1305 (Aug. 11, 2017), the case in which North Carolina property owners are asking the U.S. Supreme Court (cert petition here) to review a N.C. Court of Appeals decision which involves wet and dry sand beaches, the location of the public…
ABA – Why?
Later this week, if all goes as planned, I will become the Chair of the American Bar Association’s Section of State and Local Government Law. Several of my colleagues have asked why I participate in that organization since they don’t see the value in doing so. At the risk of repeating myself, I’m…
Even More Murr Programming
As we’ve noted before, Murr v. Wisconsin is proving to be a boon for CLE providers. And law review editors.
Here’s the latest on the programming front, an upcoming webinar from the American Planning Association, “Murr v. Wisconsin: The Supreme Court’s Latest ‘Take’ on Takings,” Monday, August 14, 2017, 1pm Eastern
ABA CLE, NYC: “Murr and Beyond: Implications for Regulatory Takings” – Aug 11, 2017
If you are scheduled to be in or near New York City on Friday, August 11, 2017, please consider attending one or both of the following events:
- 10-11:30am, Midtown Hilton, Concourse E, Concourse level: “Murr and Beyond: Implications for Regulatory Takings.” Yes, Murr is the case that keeps on giving,
…
Challenge To Natural Gas Pipeline Takings In Virginia – Delegation To And By FERC Is Unconstitutional
Here’s one that is taking a slightly different approach to challenging the taking of private property for privately-owned pipelines. Definitely a hot-button topic these days.
In this federal court complaint, the plaintiff landowners challenge the approval by the Federal Energy Regulatory Commission of a private pipeline company’s exercise of eminent domain. The complaint seeks…
New Cert Petition: Does The Fifth Amendment Require Compensation For Destroying Business In A Taking?
Check this out, the latest cert petition from the Institute for Justice (Kelo), in a case we’ve been following.
This one asks a question that has been kicking around in the lower courts for a long time, and has long bothered we who represent property owners who have to eat the often-massive losses…
Links And Materials From Today’s TRB Eminent Domain Session
Here are links to the cases and other materials which I mentioned today in our session at the Transportation Research Board‘s 56th Annual Workshop on Transportation Law in Salt Lake City:
- Urban Lawyer article: Recent Developments in Eminent Domain.
- Barton v. City of Norwalk: Connecticut Supreme Court “gets” the larger parcel issue.
…






