March 2019

Our colleague Dwight Merriam was recently interviewed on the radio about issues surrounding the existing and proposed wall and fence along portions of the southern border.

If you want to get educated on this issue, here’s the quick way to do it.

Dwight discusses funding, emergency powers, the Declaration of Taking Act, and other topics.

Here’s one we’ve been meaning to post for a while, the latest in a case we’ve been following. Yes, its the Love Terminal Partners cert petition.

Rather than go into the details about the case, we instead refer you to our post about the Federal Circuit’s opinion, the Court of Federal Claims verdict

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Here’s the latest in a case we’ve been following that has resulted in what we’re counting as no less that three lawsuits in state court (all removed to federal court by the State of Hawaii, as far as we are aware), which have gone back-and-forth between the U.S. District Court, the Ninth Circuit, and the

The bulk of the Indiana Court of Appeals’ opinion in Grdinich v. Plan Comm’n for the Town of Hebron, No. 18A-PL-1050 (Feb. 28, 2019) is devoted to details of land use law, specifically exhaustion of administrative remedies. If that floats your boat, we’ll let you read it. 

What caught our eye was at the

Who among us doesn’t possess a lot of goodwill for doughnuts? We know we sure do. 

So when we think of “Los Angeles,” what comes to mind: sunshine, beaches, Hollywood, and sprawl? No. What comes to mind are chili, hot dogs, and doughnuts. Those items — more precisely, the roadside architecture which

Mansfield flyer 3-13-2019

If you are in the Williamsburg, Virginia area next week Wednesday, March 13, 2019, please hold the lunch hour (12:50-1:50pm, Room L127) on your calendar to come join us for a session with Howard Mansfield, author of the recently-published book “The Habit of Turning the World Upside Down – Our Belief in Property and

Thank you to our colleague, economist William Wade, for sending along this piece, reacting to a recent decision by the Massachusetts Appeals Court.

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Financial inconsistency bedevils takings decisions

by William W. Wade, Ph.D.

This blog recently reported on a Massachusetts Appellate Court takings case ruling (Smyth v. Conservation Comm’n of Falmouth, No.

Here’s the motion and proposed amicus brief we filed earlier this week, in a case we’ve been following about natural gas pipelines, eminent domain, and immediate possession.

As we noted here, a panel of the U.S. Court of Appeals for the Fourth Circuit recently concluded that a private condemnor under the Natural Gas Act

Kansas colleague Chris Burger has published an article in the Kansas Bar Journal with the intriguing title, “Sanguine Doves in the Hands of the State or How the Power of Eminent Domain has Few Practical Restraints.” We dare you to resist downloading it and reading.

Thanks to Chris for allowing us to repost