As we reported earlier (“Mississippi: Statute That Says No Private Takings For Access Within City Limits Means Just That“), as in many other states, in Mississippi, a private property owner may institute eminent domain proceedings to take a neighbor’s land when doing so is necessary for a landlocked parcel to gain ingress and
“Why Isn’t Honolulu Helping Businesses Hurt By Rail Construction?” (Because It Doesn’t Want To, And No One Is Making It)
A recent report in Honolulu Civil Beat asks the question: “Why Isn’t Honolulu Helping Businesses Hurt By Rail Construction?” (The Civil Beat editorial board asks the same question.)
According to the report:
Two years ago, the Honolulu City Council created a fund to help businesses hurt by construction of the 20-mile long
New Amici Brief: Of Juries And Article III Courts – Required In Takings Cases?
Here’s the amici brief filed earlier this week in Sammons v. United States, No. 17-795, a case we’ve been following. Here’s the cert petition.
The issue in this case is the same as in two cases already pending in the Supreme Court, the first a patent case argued in December, and the
Williamson County, Federalized: No CFC Tucker Act Jurisdiction Because Owner Didn’t Exhaust Agency Procedures
One word is conspicuously absent from the Federal Circuit’s opinion in Alpine PCS, Inc. v. United States, No. 17-1029 (Jan. 2, 2017): “exhaustion.”
We all know that exhaustion of administrative remedies isn’t usually required before bringing a constitutional takings claim, but make no mistake — despite the absence of the word in the opinion
New York City Uncompensated Takings Pilgrimage, High Line Edition
At first, you might not pay much attention to it. After all, it doesn’t really stick out — elevated rail lines aren’t that unusual in a big city. Street-level trains and pedestrians don’t mix well, and in the early 20th Century, New York State adopted a law which moved some of the lines above