Seeking A Cause of Action
It has been just under a century since the U.S. Supreme Court first recognized (in the modern era, that is) the regulatory takings doctrine. You might think that the intervening decades would be enough time to allow the Justices, collectively, to have figured out what a cause of action looks like.
Just out of the Knick arguments. Full report to come later. But for now, these thoughts:
College of Surgeons – D.O.A. I think there’s a consensus to overrule the case to the extent it allows municipalities to remove takings cases to federal court.
San Remo – On life support. I think also that there may
I’m not going to do an in-depth preview of tomorrow’s Supreme Court oral arguments in Knick v. Township of Scott, No. 17-647 for several reasons.
First, a lot of others have summarized the issues already, far better than I can. See the list below.
Second, I filed an amicus brief in the case in
Been meaning to post this one for a while, because it’s on a topic that is frequently on the mind of eminent domain lawyers, but isn’t often covered by the courts: liability for inequitable precondemnation activities.
In City of Albuquerque v. SMP Properties, LLC , No. A-1-CA-35261 (Sep. 26, 2018), the New Mexico Court of
A very important public use case from the Louisiana Court of Appeals.
In Ryan v. Calcasieu Parish Police Jury, No. 17-00016 (Sep. 27, 2018), the court upheld a preliminary injunction issued by the trial court “barring the [Lake Charles Harbor and Terminal] District from expropriating a tract of [the Meyers’] property in Westlake Louisiana.”
“Condemnation clauses” — provisions in leases that say if the leased premises is taken, then the lease automatically terminates — are pretty common. They also “codify” the common law, which provided the same thing. These provisions also commonly allocate if and how the lessor and the lessee would divide up any compensation award (often the
Our colleague and co-planning chair Joe Waldo was in town yesterday, so we walked through historic Williamsburg, Virginia (cradle of the Constitution and the Bill of Rights), to invite you to join us for the 36th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference (January 24-26, 2019, in Palm Springs, California).
Here’s the latest in an issue we’ve been following closely. In the Natural Gas Act, Congress has not delegated to private pipeline companies the quick-take power. To get around that, to get immediate possession of properties which they are taking, pipeline companies use a procedural mechanism — a preliminary injunction under Fed. R. Civ. P.
One more lesson on the speed of the interwebs: we were all set to take a deep dive into the California Court of Appeal’s opinion in an inverse condemnation case, Bottini v. City of San Diego, No. D071670 (Sep. 18, 2018), when our colleague Brad Kuhn analyzed the case at his California Eminent
Come join us for one of the best conferences on property rights and property law at the 2018 Brigham-Kanner Property Rights Conference, October 4-5, 2018 at the William and Mary Law School in Williamsburg, Virginia.
We’ve attended and presented at the Conference in past years, including when it went international in
