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…
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.
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.
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…
Get ready. In this and upcoming posts, we’re going to be featuring the items on our agenda for the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 24-26, 2019, in sunny Palm Springs, California.
ALI-CLE has released the brochure, which those of you on the mailing list should have received — …
In the middle of the terrible news from the latest wildfires to hit California comes this order from the California Court of Appeal, Fourth District, declining to issue a writ to review the California Public Utilities Commission’s rejection of SDG&E’s request for a rate increase to cover the costs of settling inverse condemnation claims…
Here’s the amicus motion and proposed brief we filed yesterday in a Third Circuit case we’ve been following, and which we wrote about recently.
In the few short days since that post, the owners are now also represented by the Institute for Justice, and have filed a petition for rehearing and rehearing en banc…
Retroactive continuity — or “retconning” — is, according to that authoritative source Wikipedia, a “literary device in which established facts in a fictional work are adjusted, ignored, or contradicted by a subsequently published work which breaks continuity.”
For example, compare the real-world explanation for why the 1960’s Star Trek show’s Klingons didn’t have…
Here’s the motion for leave and proposed brief amici curiae we filed yesterday in an appeal pending in the U.S. Court of Appeals for the Eleventh Circuit.
This is a pipeline case (another one!) involving land in Florida. The district court got it right, concluding that the property owner/condemnee was entitled to recover …
An observation: courts seem to believe that in eminent domain, a taking, once it is instituted, is inevitable. Thus, the landowner should simply go with the flow, because this is going to happen. We get where that comes from. After all, most takings are completed and the property is acquired. But it isn’t necessarily so. As…
