Although the U.S. Court of Appeals for the Sixth Circuit declined to publish its opinion in Ostipow v. Federspiel, No. 18-2448 (Aug. 18, 2020), we wish it had for a couple of reasons.
First, the name: it just rolls off the tongue, melodiously. “Ostipow versus Federspiel.” We just like how that sounds. Second, the
We know you are really busy, takings mavens, you don’t have to read all 47 pages of the California Court of Appeal’s opinion in Martis Camp Community Ass’n v. County of Placer, No. C087759 (Aug. 17, 2020). Instead, you can jump to page 44 for the good stuff.
Short story: the court held that
We’re done with our first day of class for the upper-level students at William and Mary. We’re teaching two courses this semester, the usual Eminent Domain and Property Rights, but also Land Use Law. We were set to begin a semester of “hybrid” instruction (some students in the classroom, with distancing in place, while others
A short one from the U.S. Court of Appeals for the Eleventh Circuit. In Sabal Trail Transmission, LLC v. 18.27 Acres, No. 19-10705 (Aug. 3, 2020) (unpub.), the court concluded that the trial court did not abuse its discretion when it allowed the property owner to testify about the value of his property.
This
This week brought the sad news that our friend, mentor, and property-rights spiritual godfather, R. Charles Bocken, has moved on to that great plot of land in the sky.
A man of seemingly infinite talents and biography (WWII B-24 crewman, Chief Judge Advocate for the Pacific Air Forces, SCOTUS litigator (and winner, more on
Check this out, a new podcast for your dirt lawyer types to follow, Pendulum Podcast. As it describes itself:
An informative and sometimes irreverent podcast for those interested in eminent domain, right of way land acquisition, or infrastructure development. Topics for discussion frequently include condemnation of real property for public use, just compensation, the
Here’s the latest in a case we posted about last year. There, the North Dakota Supreme Court noted an open issue, but declined to resolve it. Now, in Fargo v. Wieland, No. 20200100 (July 22, 2020), the court addressed it head-on.
Here’s how the noted the issue:
whether a landowner who appeals an
Here’s the latest in a case we posted about last year. There, the North Dakota Supreme Court noted an open issue, but declined to resolve it. Now, in Fargo v. Wieland, No. 20200100 (July 22, 2020), the court addressed it head-on.
Here’s how the noted the issue:
whether a landowner who appeals an
Today’s case, Hardy v. Sidoti, [2020] NSWSC 1057 (Aug. 12, 2020) is — like yesterday’s — from a foreign jurisdiction, but this one (unlike yesterday’s) is not an eminent domain case. It’s just plain old property law. Adverse possession to be precise.
But because the court’s official summary puts it this way, we could
We can’t pretend that we understand everything that is going on in the Supreme Court of India’s recent opinion in Hari Krishna Mandir Trust v. State of Maharashtra, No. 2013-6156 (Aug. 7, 2020) (but when has that ever stopped us before?), but after reviewing the decision, we thought we would post it because of