A fitting way to bid adieu to 2021: Ruble v. Tate-Nadeau, No. 4-20-0641 (Dec. 28, 2021), in which the Illinois Appellate Court held that the governor’s tavern and dine-in restaurant Covid-19 shut-down orders were not takings of personal property under section 7(4) of the Illinois Emergency Management Act.
This was not a claim
In Rural Empowerment Ass’n for Community Help v. North Carolina, No. COA 21-175-1 (Dec. 21, 2021), the North Carolina Court of Appeals, the plaintiffs have a beef with hogs. Specifically, nearby hog farms that they allege are nuisances (see this story for a report on porky goings-on in NC).
They want to sue, but
We like oysters. When we think “oysters,” that means going to a restaurant or oyster bar, sitting down, and ordering up a dozen or more. Easy stuff.
But the real work of oyster farming is “arduous, backbreaking work requiring a special dedication.” Avenal v. State, 886 So. 2d 1085, 1110 (La. 2004). It “takes
Here’s a must-read from the Texas Court of Appeals (Second District).
In City of Grapevine v. Muns, No. 02-19-00257 (Dec. 23, 2021),
Before 2018, the city’s 1982 zoning ordinance authorized “single-family detached dwellings” and didn’t say anything about short-term renting (short-term being defined as less than 30 days). The ordinance didn’t expressly authorize it
But seriously, have a very happy and restful holiday.
– Your friends at inversecondemnation.com
Here’s the State of Texas’s amicus brief in support of the property owners in the case now pending in the Texas Supreme Court about whether the developer of the proposed Dallas-Houston “bullet train” may exercise the delegated power of eminent domain as a “railroad company” or an “interurban electric railway company” as those terms are
Are there going to be prizes at the 2022 ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 26-29, 2022 at the McCormick Ranch Resort in Scottsdale, Arizona? Oh yes.
But to win, you gotta play. To play, you first gotta join us and register (more info here), preferably in-person in Scottsdale
In this season of “regifting,” this one from the Hawaii Supreme Court about an attempt to “re-seize” property by civil forfeiture.
In Alm v. Eleven (11) Products Direct Sweepstakes Machines, No. SCWC-15-848 (Dec. 20, 2021), the unanimous court held that the notice and related procedures in Hawaii’s civil forfeiture statute are mandatory
The latest episode of Clint Schumacher’s Eminent Domain Podcast has dropped.
A Holiday Special in which Dave Arnold, Kristen Bennett, Ivy Cadle, Anthony DellaPelle, Carolyn Elefant, Clint Harbour, Justin Hodge, Patrick McCallister, Richard Rothfelder, and Adam Sanders share their seasonal traditions.
We also visit with Clint for a preview of the upcoming ALI-CLE Eminent Domain
You probably already know our Toronto friend and colleague Shane Rayman. He’s the lawyer responsible for the fascinating Supreme Court (Canada, naturally) decision in Antrim Truck Centre, wherein the Court recognized that under the Expropriation Act, Ontario had an obligation to compensate a property owner for “injurious affection” even though the highway project