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
Here’s the amici brief we are filing today in support of the Petitioner in a case we’ve been following, Smyth v. Conservation Comm’n of Falmouth, No. 19-223 (cert. petition filed Aug. 20, 2019).
The Massachusetts Court of Appeals held that a judge, not a jury, determines Penn Central takings questions, and that the
Takings mavens know lawprof Ilya Somin. Among other things, he’s authored some of the more interesting and useful scholarship in our field.
Here’s his latest, published in the 2019 Cato Supreme Court Review, about the Supreme Court’s latest takings case, Knick v. Township of Scott.
We naturally recommend you read the entirety
Today’s post is kind of long, but we think the opinion is well worth your time.
NGA Preliminary Injunctions
Regular readers know that we’ve made no secret of our disapproval of the prevailing practice in federal courts of using preliminary injunctions to allow private for-profit pipelines to grab immediate pre-condemnation possession of property using the
Barista’s note: today’s post is mostly by Benming Zhang, one of my William and Mary law students. He likes property, land use, takings, state and local government law, and related subjects. And he walks the walk: his day job is serving as an elected member of the Williamsburg, Virginia, city council. (It
A great result for colleague Carolyn Elefant, who represents property owners in a case and issue we’ve been following.
This is one of those Natural Gas Act pipeline cases. Not on the issue of immediate-possession-by-injunction (we’ll have the latest development in that chapter very soon), but on the administrative law side, involving FERC’s
You overwhelmingly asked for Nashville, and we’re bringing it to you!
Get ready, and hold your place now: here’s the list of programs and speakers for the 36th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, to be held at the Downtown Nashville Hilton, January 23,- 25, 2020. Two-and-a-half days with top-notch national
We’re posting the Indiana Court of Appeals’ recent opinion in Hoagland Family Ltd. P’ship v. Town of Clear Lake, No. 18A-PL-2088 (Aug. 28, 2019) not because it says much about eminent domain law, but more because (1) we commented on the case last time it was before the court, and (2) it’s kind
Coke – he’s the real thing.*
One of the great things about teaching at the William and Mary Law School (and there are many) is that it houses the original law book collection of George Wythe, “the first American law professor.” He is the O.G. Lawprof, both at W&M, and in the United States
Here are the final briefs in the cert process in a case we’ve been following.
In In Guerin v. Fowler, 899 F.3d 1112 (9th Cir. 2018), a three-judge panel of the Ninth Circuit held that Washington state officials’ failure to return daily interest that was allegedly skimmed from the plaintiffs’ state-managed retirement accounts could