Here’s what we’re reading today (inter alia): Walter W. Heiser, Floods, Fires, and Inverse Condemnation, 29 N.Y.U. Envtl. L. J. 1 (2021).
From the Introduction:
This Article examines the proper application of the doctrine of inverse condemnation in two important areas: flood damage to private property caused by a public improvement (e.g., a
In this post — the fourth 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 discussing the two separate opinions, Justice Kavanaugh’s concurrence, and the Justice Breyer-authored dissent.
Here are all of the posts
Our thanks to our friends and colleagues at the ABA Section of Real Property, Probate & Trust Section’s Land Use and Environmental Group for inviting us to a discussion of the latest and greatest decisions of interest.
We only had an hour together, so naturally could not cover everything of interest (indeed, we reserved a
It can be somewhat of a challenge to blog about many of the opinions from New York’s appellate courts (dun-dun) because they are typically short. What more (or less!) can you say about an opinion that is very short? We mean really short. Like 3 pages short.
Such it is with the Appellate
Here’s the latest (maybe last?) in a case we’ve been following for a long time.
On Friday, the Court denied the petition for writ of certiorari, with three Justices noting that they would have granted the petition. Justice Thomas, joined by Justice Gorsuch dissented from the denial of cert, while “Justice Kavanaugh would
It’s not quite “Yes Virginia…” but here is our annual Independence Day missive on the legal angle on the Declaration. This may have special significance as the nation is in the process of reexamining many of our assumptions and history. But though the Founders may have been flawed individuals, there’s really no question
In this post — the third in a series of deeper dives that we’ll be posting about last week’s U.S. Supreme Court opinion in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021) — we’ll be discussing whether the “right to exclude” is absolute, what exceptions the Court laid out, and how it
Another takings opinion from the Supreme Court, this time in a (putatively) eminent domain case we’ve been following.
In PennEast Pipeline Co., LLC v. New Jersey, No. 19-1039 (June 20, 2021), the majority (Roberts, CJ, joined by an unusual, cross-aisle lineup of Justices Breyer, Alito, Sotomayor, and Kavanaugh) concluded that a private pipeline
In which we pay a return visit to Clint Schumacher’s Eminent Domain Podcast to catch up with Clint about our new gig, Cedar Point (briefly, since the opinion came down the day we recorded the podcast), just compensation and attorneys’ fees, assessing severance damages in appraisals supporting jurisdictional offers, public use