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2021
Cedar Point Part VI: What Others Are Saying
Talk amongst yourselves.
We’ve had our say, so in this post — the sixth and final post in a series of deeper dives about June’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid , No. 20-107 (June 23, 2021) — we’re linking to what others are saying about the case.
Here are all…
Podcasts
We don’t have our own regular podcast (should we?) but have had the privilege of appearing on others’ podcasts, and have posted our own audio from time-to-time. Here’s a list:
- We Pay A Return Visit To The Eminent Domain Podcast To Talk Takings
- In Which We Return To The Pendulum Land Podcast To
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Admin Note For Email & RSS Subscribers: Feedburner Is Dead – Long Live Feedblitz
A note for those of you who subscribe to the blog for email updates and notifications. Our longstanding email feed distributor, Feedburner (by Google) has announced that it is spinning down, and will no longer provide subscriptions and updates to blogs by email.
As a consequence, as of today, Friday, July 23, 201, we’ve…
Cedar Point Part V: Help Us Help You
In this post — the fifth and penultimate post in a series of deeper dives that we’re posting about June’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021) — we’ll be trying to take some educated guesses about what the decision means for the future.
Here are…
Canada Supreme Court To Review De Facto Expropriation (aka Regulatory Takings) Case
Here’s one we’re now following, thanks to a heads-up from a northern colleague.
The Supreme Court of Canada has granted leave to appeal in a case involving what Canadian law calls “de facto expropriation” (what we’d call “regulatory takings”).
Before you review the Application for Leave to Appeal by the property owner, and the …
NY App Div: If Deposit Exceeds Adjudicated Compensation, Owner May Be Liable To Pay The Difference
The State of New York needed a strip of the owner’s property for a “greenway” for walkers and bikers. The State and the owner agreed that if the owner believed that the advance payment of $300k was not enough, it could ask the Court of Claims for more. But they also agreed that if that…
El Tribunal Supremo De Puerto Rico: Evidence Of Environmental Contamination Is Admissible In Eminent Domain Valuation
We’re not going to pretend that we can actually read what the Supreme Court of Puerto Rico’s opinion in Administración de Terrenos de Puerto Rico v. Ponce Bayland Enterprises, Inc., No. CC-2019-212 (June 29, 2021) says. It’s in Spanish and we don’t know Spanish. Wish we did, truly.
But hey, that’s what Google Translate…
CA6: Rooker-Feldman Bars Federal Lawsuit Challenging State Court’s Public Use Determination
What do you think about these facts in RLR Investments, LLC v. City of Pigeon Forge, No. 20-6375 (July 13, 2021), a decision by the U.S. Court of Appeals for the Sixth Circuit on what we might charitably call an obscure legal doctrine (Rooker–Feldman)?
City wanted some of RLR’s…
Fed Cir: No Judicial Taking When CA11 Dismissed Tort Claims
Today’s case: a short per curiam opinion from the Federal Circuit, Straw v. United States, No. 21-1596 (July 14, 2021).
The court affirmed the Court of Federal Claims’ dismissal of a takings claim that alleged that the plaintiff’s property was taken when the Eleventh Circuit affirmed a district court’s dismissal of the plaintiff’s Federal…



