An interesting and thought-provoking new article from Professor Donald Kochan that is definitely worth your time: The [Takings] Keepings Clause: An Analysis of Framing Effects from Labeling Constitutional Rights, 45 Fla. State U. L. Rev. ___ (forthcoming 2018).
As the title suggests, Professor Kochan doesn’t quite care for the phrase the “Takings Clause” when
Here’s the cert petition we’ve been waiting to drop in a case we’ve been following closely.
Last we checked in, the Federal Circuit (any guess on which judge?) held that the catastropic Katrina flooding — caused mostly by the federal government’s construction and maintenance of a navigation project, the Mississippi River Gulf-Outlet
Ah, the speed of the interwebs: we were all set to write something up about the California Court of Appeal’s recent opinion in Black v. City of Rancho Palos Verdes, No. B285135 (Sep. 6, 2018), when our friend and colleague Bryan Wenter beat us to it.
His post, “Court Rejects Residents’
On the day we celebrate Constitution Day (or should we say Khaaaaan-stitution Day?) we have to admit that pretty much nothing beats One Named Kirk’s reading of the Preamble.
He might be from Iowa, but that guy who plays him is from north of the border, so our kudos to a Canadian for
After a short hiatus to allow Clint to set up at his new firm, the Eminent Domain Podcast is back.
Clint was kind enough to ask me to be his first second-time guest, and we had a wide-ranging discussion: everything from this semester’s teaching assignment at the William & Mary Law School, the
Here’s the video of the oral arguments held earlier today in the Iowa Supreme Court in a high-profile pipeline case. In Puntenney v. Iowa Utilities Board, the court is considering a case at the intersection of the law of public utilities, and condemnation law. The basic question the court is trying to solve is
Here’s the cert petition, filed yesterday, in a case we’ve been following closely. Here’s our short summary of the case, written up when it was ready for argument in the Hawaii Supreme Court. That court’s ruling against the property owner added to the the lower court split on the issue of whether
The result in Roberts v. Bondi, No. 8:18-cv-1062 (Aug. 21, 2018) should not be terribly surprising, we suppose. After all, the plaintiff was asking the U.S. District Court to — among other things — conclude that a Florida statute banning a device which makes a semi-automatic rifle “somewhat mimic” fully-automatic fire, violated the plaintiff’s
Before last week’s Judiciary Committee hearings on the nomination of Brent Kavanaugh to be an Associate Justice of the Supreme Court, we wrote that the issue of property rights and eminent domain may come up during the hearing, even though Judge Kavanaugh’s actual judicial record on that topic is pretty thin.
We were busy during
A hot — but most often neglected — topic, getting hotter: relocation benefits.
In Osher v. City of St. Louis, No. 17-2402 (Sep. 6, 2018), the U.S. Court of Appeals joined the Fourth Circuit in its conclusion that the Uniform Relocation Act provisions are mere guidelines (insert our oft-repeated Pirate’s Code reference here), and