We’ve been there before, but even so, this video is worth your time. It tells the story of Seneca Village, located within the borders of what now is Central Park.
There are eminent domain and property rights stories everywhere you look.
Property Nerd Book Club: This Spring’s Directed Reading – “The Property Species: Mine, Yours, and the Human Mind” (Come, Join In!)
Each spring, we do a smaller course at the William and Mary Law School (known as a “Directed Reading”) that focuses on some interesting property issue. The class reads a book and uses it as a springboard for discussion.
No exam, no paper, just an exploration of the issues as a way about thinking about
After Telling Owner To Beat It, Condemnor Acts Surprised That It Did. Cal Ct App: “Moving” From Property Does Not Mean “Completely Physically Dispossessed”
Go on, read the facts in the California Court of Appeal’s (unpublished) opinion in San Joaquin Regional Transit District v. Superior Court, No. C084755 (Dec. 1, 2020). It’s worth your time, believe us.
After chasing from California a long-standing manufacturing and service business (to Illinois) by instituting condemnation proceedings on the property on which
Reply In Penn Central And Lucas Takings Case
Here’s the Reply in Support of what we think is a very worthy cert petition, and which responds to the recently-filed BIO.
For the background of the case, check out this post (“What Constitutes a Loss“). The property owner has also summarized the situation thusly in its petition:
The State of
Fed Cir: No Taking, Because Oregon Property Law Is Clear (But Is It?)
A short (unpublished) one from the Federal Circuit, Albright v. United States, No. 19-2078 (Dec. 1, 2020).
This rails-to-trails takings case turned on the predicate question: do the plaintiffs own private property? That question turned on the lex loci, and whether, under Oregon law, the original right-of-way conveyance meant to grant to the
Wrapping Up A Semester In A “Hybrid” Law Classroom (Never Go “Full Remote”)
We have now wrapped up the coursework portion of the Fall semester at William and Mary Law School, so here’s an after-action report from the two full courses which I taught in a “hybrid” style (some students live, in the classroom; others attending via Zoom live; and still others with the option to attend
BIO In Penn Central And Lucas Takings Case
Here’s the State of Hawaii’s Brief in Opposition in a case we’ve been following for what seems like forever.
Check it out. The State waived response, but after a whole bunch of amici filed briefs in support of a cert grant (ours included), at least one of the Justices wanted to
Spam® For Thanksgiving? Mais Oui!
Check this out, the latest episode of the Pendulum Land Podcast, in which we briefly return to chat about what’s on the Thanksgiving menu (hint: Spam® and oysters).
Spam® because we 808 people like that stuff, and oysters because the Virginia Supreme Court recently heard oral arguments in an important inverse
Is Virginia’s Legislative Rewriting Of Existing Electric Easements To Permit Fiber Optic Use Unconstitutional?
Check this out, the Complaint we filed a couple of weeks ago in the U.S. District Court for the Western District of Virginia, in Grano v. Rappahannock Elec. Coop., No. 3:20-cv-00065-NKM (W.D. Va. Oct. 28, 2020).
It’s not a true “takings” case because the claims for relief are limited to due process and Contract
It’s Conference Day For Case Asking How “Permanent” A Loretto Permanent Physical Invasion Taking Must Be
Today, Friday, November 13, 2020, is the day that the Supreme Court is scheduled to decide whether to decide a case we’ve been following for a long time (and one in which we filed an amicus brief urging the Court to take up the case).
In Cedar Point Nursery v. Shiroma, 923