Here’s the latest in a case we’ve been following. In Alimanestianu v. United States, No. 17-1667 (May 7, 2018), the U.S. Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims’ ruling rejecting takings liability for the government wiping out a money judgment in favor of terrorism victims against the Libyan
Our Knick Amicus Brief: Monkey Selfies Can Get To Federal Court, But Not Fifth Amendment Takings?
The main point we’re trying to make in the amici brief we are filing today on behalf of Citizens’ Alliance for Property Rights Legal Fund in Knick v. Township of Scott, No. 17-647 (cert. granted Mar. 5, 2018), is that the average property owner simply cannot fathom why—if a state or local government has taken
Knick Brief On The Merits: Time To Ditch Williamson County‘s State Exhaustion Requirement
Here’s the Petitioner’s Brief on the Merits in Knick v. Township of Scott, No. 17-647, the case in which the Supreme Court is being asked to revisit our old nemesis, Williamson County‘s “state exhaustion” requirement, a doctrine which tells takings plaintiffs that they cannot press a takings claim against state or local governments
New Cert Petitions: Can Pennsylvania Redefine What Counts As An “Interstate” Pipeline Under Federal Law?
Recently, Pennsylvania property owners filed two cert petitions (download here and here) asking the U.S. Supreme Court to review this question:
Whether the Hazardous Liquid Pipeline Safety Act (HLPSA)1 preempts the Pennsylvania Public Utility Commission’s (PUC) jurisdiction to issue Certificates of Public Convenience resulting in eminent domain power when the HLPSA states it
Tickets For Honolulu Screening Of “Little Pink House” Still Available
You have about a week to reserve your tickets for the exclusive Honolulu screening of “Little Pink House,” the feature film about the Kelo v. City of New London case, scheduled for June 11, 2018:
Two key dates:
- June 4, 2018: This is the deadline to buy your ticket. The way this works
The Latest In The Houston Flood Cases: CFC Rejects Gov’t’s Motion To Dismiss
Here’s the latest in the Houston flood cases against the federal government asserting inverse condemnation, which we’ve been following.
In this Opinion and Order, the Court of Federal Claims (Judge Lettow) rejected the Government’s motion to dismiss, deferring it until trial. If you want a quick rundown of the case, the
“Little Pink House” Author: Time To Give The Land Taken By Eminent Domain Back To Kelo And Other Former Owners
Jeff Benedict, author of “Little Pink House,” the book about the Kelo v. New London eminent domain debacle (and now a movie) has made a video (at the still-vacant Fort Trumbull site), and written an op-ed, arguing that the land should be conveyed back to its former owners, including Ms. Kelo:
7th Cir: Be Careful About Your Counterclaims In Eminent Domain Cases
The Seventh Circuit’s opinion in New West, L.P. v. City of Joliet, No. 17-2865 (May 23, 2018) is short — 4 1/2 pages — and is written in Judge Easterbrook’s trademark plain language and breezy style. We picked it up anticipating of a good read. It was.
Then why did we have to read
More On No. Cal. Wildfire Inverse Cases – Order Overruling Demurrers
Earlier this week, we reported that a San Francisco trial court had heard arguments that Pacific Gas and Electric could not be liable for damages resulting from the Northern California wildfires under an inverse condemnation theory.
Well, here’s the court’s written Order Overruling PG&E’s Demurrers which the court made available yesterday. The crux of the
HAWSCT Clarifies When An “Accident” Occurs In Service-Connected Disability Retirement Statute
A slight detour from our usual fare, to note a decision from a closely-divided Hawaii Supreme Court in a case about when a State employee is eligible for service-connected disability retirement benefits under the State Employees’ Retirement System. In Pasco v. Board of Trustees of the Employee Retirement System, No. SCWC-13-3629 (May 22, 2018)