Here’s the supplemental letter brief, filed today on behalf of Rose Mary Knick, as requested by the Supreme Court.
Two more — by the Township and by the SG — to be filed today as well. We shall post those as they become available.
November 2018
Audio: Our Interview With Author Howard Mansfield – “The Habit of Turning The World Upside Down – Our Belief in Property and the Cost of That Belief”
Earlier this week, we spoke to Howard Mansfield, author of the recently-published book “The Habit of Turning the World Upside Down – Our Belief in Property and the Cost of That Belief.”
His book is about property, property rights, and how these ideas are processed by the American psyche. But instead of…
Electric Company: We Can’t Be Liable For Inverse Condemnation For Cal Wildfires Unless We Can “Unilaterally Recoup Costs From The Benefited Public Through Taxation Or Rate Increases”
Here’s the Petition for Review we’ve been waiting to drop since last week’s ruling by a California Court of Appeal declining to review the California PUC’s decision to turn down the electric company’s request for a rate increase to cover the compensation and damages that it must pay as the result of a southern California…
Knick Reargument: Wednesday, Jan. 16, 2019
They’re going back, to reargue the case with a full contingent of justices. In the January oral argument calendar published yesterday, the Supreme Court gave us the date and time:
Wednesday, January 16, 2019, at 10:00 a.m.
We will be there, and will bring you our thoughts.
Supremes: “According to the ordinary understanding of how adjectives work, ‘critical habitat’ must also be ‘habitat'” … Whatever That Is
By Robert H. Thomas on
A unanimous opinion from the Supreme Court, which can only mean one thing: a narrowly-drawn opinion that doesn’t resolve much.
But we’re grateful anyway, because the opinion is one that appreciates the plight of property owners whose land is subject to being designated as “critical habitat” under the Endangered Species Act.
Intervenor Center for Biological…
Prof. Gideon Kanner: “Bye, bye General Motors Poletown Plant”
By Robert H. Thomas on
Following the announcement that GM will be closing its Detroit-area Hamtramck assembly plant (originally a Cadillac plant), comes the reminder that it wasn’t supposed to be that way. This was the area, after all, condemned for “economic development” in the infamous Poletown case.
But as the Detroit Free Press reported in “GM’s Hamtramck …
New Article: ADR In Eminent Domain – “An Eminently Agreeable Solution”
With registration for the 2019 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Palm Springs well underway, we thought it would be a good time to post up some of the materials from this year’s Charleston conference.
In “Alternative Dispute Resolution in Condemnation Cases: An Eminently Agreeable Solution,” an article in…
CA9: No Bones About It – Dinosaur Fossils Are “Minerals”
By Robert H. Thomas on
Posted in Uncategorized
And belong to the owners of the mineral estate, at least according to two of three judges on a Ninth Circuit panel, applying Montana property law.
Update: our New York colleague Mike Rikon has posted a much better summary of the case and the court’s rationale here.
A Common Sense View Of Preliminary Injunctions In Pipeline Takings
By Robert H. Thomas on
Here’s one person’s common sense view of quick-take-by-another-name (federal courts’ Rule 65 preliminary injunctions in Natural Gas Act takings). A topic we’re written about and briefed lately. Spot on.
Fed Cir: Feds Claiming Ownership Of Property And Killing The Market Isn’t A Physical Taking, The Statute Of Quia Emptores Notwithstanding
Reading the fact section of the Federal Circuit’s recent opinion in Katzin v. United States, No. 16-2636 (Nov. 19, 2018), will make your eyes glaze over. It’s all about some property on an island near Puerto Rico, and is full of maps, diagrams, history, and even a photo of some “Keep Out” signs the…