In between talking about eminent domain-y songs, the goofy cult film “Snakes on a Plane” (yes, we really do have a cast-signed poster of that film in our office), and other fun stuff, we returned to the Pendulum Land Podcast for part II of our guest spot, where we also discussed Virginia
October 2020
NM App: No Property In Impact Fee Gift Card
You know those times you go to the store and try to get a refund on something you’ve purchased, and instead of cash back, you get a gift card, only useable at the same store? Or when, instead of refunding your plane ticket, the airline gives you some limited-time credit for a future flight?
Wisconsin Supreme Court Oral Argument: Can Condemnor Omit Severance From The “Full Narrative Appraisal” Required For The Jurisdictional Offer?
Here’s the recording of this morning’s oral arguments in an important eminent domain case being considered by the Wisconsin Supreme Court. (We had some trouble with the stream, so if the above video doesn’t work, try this link instead.)
This is a case we’ve been following (court of appeals’ opinion in…
Michigan SCT: Without Legislature’s Assent, Governor’s Emergency Powers Terminate At 28 Days
This just in in a case we’ve been following. In In re Certified Questions, No. 161492 (Oct. 2, 2020), the Michigan Supreme Court responded to the federal court’s certified question about whether, under Michigan’s statutes, the governor has the authority to effectively extend a declared state of emergency by terminating an expiring declaration…
Your 2020 Brigham-Kanner Property Rights Conference Bingo Card
Ninth Circuit, Over Dissent, Denies Injunction For Church COVID Restrictions
This one doesn’t involve a takings claim, but since we’re tracking the cases involving coronavirus-related shut down orders and restrictions, we thought we would post this here too.
In Harvest Rock Church, Inc. v. Newsom, No. 20-55907 (Oct. 1, 2020), a panel of the Ninth Circuit rejected a church’s request for an injunction…
Burying The Lead: No Taking When City’s Water Pipe Replacement Program Alleged To Result In More Danger To Owners’ Properties
Here’s the latest in a case we’ve been following.
In Berry v. City of Chicago, No. 124999 (Sep. 24, 2020), the Illinois Supreme Court avoided the analysis that split the court of appeals, and upheld the dismissal of a very “torty” inverse condemnation claim. The plaintiffs alleged that the City of Chicago’s program…


