Here’s a year-end summary of “Notable Eminent Domain and Inverse Condemnation Cases from 2017 (and one from 2018)” from Wendel Rosen Black & Dean’s Money and Dirt blog.
Check it out.
ALI-CLE Eminent Domain & Land Valuation Conference – In-Person Registration SOLD OUT (But You Can Still Join By Live Webcast)
Our upcoming American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference in Charleston, South Carolina has SOLD OUT our in-person registrations.
We will have a record attendance (with over 100 first-time attendees) and the conference hotel has informed us that we can fit no more people in the meeting rooms. We cannot remember this
Eminent Domain Abuse, Hawaiian Style
Stewart Yerton, a reporter at Honolulu Civil Beat but also a lawyer, has posted a report about an ongoing eminent domain case in which the State of Hawaii’s Attorney General is condemning a one-acre parcel on the south shore of Maui, property which the State had been leasing on a long-term 30-year lease. The
First Post-Murr Cert Petition
Here’s the first post-Murr cert petition (as far as we can tell), in a case we’ve been following. As we wrote in “The First Post-Murr Case? Fourth Circuit: No Taking Because Anti-Development Merger Regulations Actually Make Property Developable,” the Fourth Circuit concluded:
[T]he County’s regulations were run-of-the-mill zoning/land use ordinances, and thus
Protip For Condemnors: For Planned Projects, Play Hide The Ball: “Project maps showing required acquisitions should be referred to as ‘studies,'” And “[b]oth in reality and in appearance, advise staff not to leave a paper trail”
What to make of this? A blog aimed at condemning authorities, with advice on how to avoid a claim for precondemnation damages. Okay, nothing wrong with that. Condemnors deserve good legal counsel as much as other parties. Indeed, having inexperienced counsel for the condemnor often makes resolving cases harder than it should be
New Resource, New Book (The Law of the Fourteenth Amendment)
Two items from land use guru Lawprof Daniel Mandelker:
- A link to his resource web site, appropriately titled “Land Use Law.” It’s where we go to keep up with all of the land use and related (including takings) stuff. Includes photos of the sites in key casess (like our “takings piligrimages
ALI-CLE Eminent Domain & Land Valuation Conference – There’s Still Time To Join Us In Charleston
35th Annual Advanced Course
Eminent Domain and
Land Valuation Litigation
Live Program | Video Webcast | Video Webcast Segments
Thursday – Saturday, January 25 – 27, 2018
Francis Marion Hotel | Charleston, SC
Do not miss this popular conference! Intended for all eminent domain and land use practitioners, both experienced and those new to the
Private Condemnor Liable For Attorneys Fees When Condemnation For Access Road Fails
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