Every year at this time, it seems, we’re realizing again that as you get older, you forget birthdays. Thus, it only occurred to us only over this past weekend that that this blog’s “birthday” passed without notice.
It hardly seems like thirteen years ago that we posted here for the first time. In law
We sometimes assume that everyone gets that the point of an eminent domain valuation trial is to try to establish the price the real-world market of buyers and sellers would have arrived on for the property being taken had the transaction been voluntary. We know it is all hypothetical because this market didn’t actually exist
A very short (3 pages) opinion from the U.S. Court of Appeals for the Fifth Circuit in a takings case. In Bay Point Properties, Inc. v. Mississippi Trans. Comm’n, No. 18-60674 (Aug. 27, 2019), the court somewhat cryptically concluded that a property owner who asserted that it was not fully compensated in state court
For many years, a tenant had a month-to-month lease from Baltimore for a space in one of the city’s public markets. One day, the market sent the tenant an email informing it that it no longer “fit in the [redevelopment] plans,” and that it should “pursue other options.” The tenant took that as “get
Today, we’re featuring a post written by our Tennessee colleague, economist William Wade. He writes about the Massachusetts Court of Appeals’ recent decision in Smyth v. Conservation Comm’n of Falmouth, and the more recent cert petition in that case. Bill writes and comments frequently on takings cases. See, e.g., William W.
Here’s an interesting twist on the process which, in some states, recognizes the ability of one private owner to condemn the property of a neighbor. Most often this arises when a landlocked parcel exercises eminent domain to take the property of a neighbor for access.
It always struck us a little odd that the sovereign
Here’s the Brief in Opposition in a case (and issue) we’ve been tracking for a while (including filing several amicus briefs along the way, including this one). The BIO is the pipeline’s response to the cert petition on the question of whether
Brief in Opposition to Petition for Writ of Certiorari, Givens v. Mountain
The final agenda and faculty list will soon be officially published, but we wanted to give you a preview of what is in store at the ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 23-25, 2020, at the Nashville Hilton (downtown, just a few steps away from everything that Nashville has to offer).
Don’t
You know where this is.
Here’s the cert petition filed recently in a case we’ve been tracking. (See also this guest post by economist Bill Wade about that case.)
As the above photo tells you, this one is going into what may the last truly unexplored frontier of regulatory takings law, the details
Here’s what we are reading this Tuesday: