Here are the cases and other items I either spoke about or mentioned at today’s Transportation Research Board‘s 57th Annual Workshop on Transportation Law in Cambridge, Massachusetts:
- The Colorado public use cases: public use vs. public purpose: Lafayette and Carousel Farms
- On the Supreme Court docket: Violet Dock Port (SCOTUS, Louisiana)
- The Louisiana Supreme Court’s ruling on valuation of a unique property (replacement cost vs fair market value)
- “New” property vs. “old” property – environmental rights as “property” (CADC, Hawaii)
- Tribal immunity from eminent domain (CA10, cert denied)
- Public can use the electricity produced, not the land taken (but that’s good enough) (SD)
- Utility takings: Claremont (Cal), Missoula (Montana)
- Post-Kelo statutes: how effective? (Georgia)
- The relationship between condemnation and inverse: Stimson (NC)
- Inverse vs. tort, part II: MR/GO and Katrina flooding (CAFED)
- Maryland: government inaction could result in inverse liability (Maryland)
- Objecting to eminent domain is a political opinion (CA9)
- Highest and Best Use could include “conceptual plans” (Florida)
- Causing a nonprofit to lose even more money is considered compensable “goodwill” under California law (California)
- Billboard valuation – loss of income isn’t compensable, but there is more that one way to still get it (NC)
- Larger parcel, quick take deposit (Hawaii)
- Here’s the amicus brief we filed in the above case, which cites Baetjer v. United States, 143 F.2d 391, 395 (1st Cir.) (condemnation on island of Vieques caused severance damages to parcels on Puerto Rico), cert. denied, 323 U.S. 772 (1944).
- Federal Relocation Act, inverse condemnation, and attorney fees (West Virginia)
- The larger parcel in inverse cases (aka the “denominator” issue) (SCOTUS)
- Bye bye, Williamson County? (SCOTUS)
- Palazzolo applied (NY)
- Judicial Takings Redux – Martin’s Beach (SCOTUS)
Thanks to my fellow speakers — Bernadette Duran-Brown and Laura Curry — and to the organizers of the Conference for asking me to be here.