February 2022

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Thank you to the editors over at The Practical Real Estate Lawyer for publishing my missive on Cedar Point Nursery v. Hassid, the U.S. Supreme Court’s recent blockbuster regulatory takings decision (and for letting me post a copy of the article here so it is available even if you are not a PREL subscriber).

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Sorry about the headline, but come on, man! We have to use clickbaity headlines every now and then to get your attention. Here’s the latest in a case we’ve been following.

Yesterday, the Supreme Court of Canada heard oral arguments in Annapolis Group Inc v. Halifax Regional Municipality, a case involving “de facto

Screenshot 2022-02-15 at 07-42-11 Eminent Domain Reports - Publications IRWA

Check this out: the International Right of Way Association’s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.” (This is the “international” right of way association, so that last qualifier is important.)

And what is really nice is that they make the report available

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After a two-year absence in which we went remote, in the last week of last month (our usual spot on the calendar, between the playoffs and Super Bowl), we once again met in-person for the American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference.

Approximately 200 lawyers, judges, legal scholars, appraisers, law students

Before we go further into the Ninth Circuit’s opinion in Ballinger v. City of Oakland, No. 19-16-550 (Feb. 2, 2022), this disclosure: this is a case in which our law firm represents the property owners. So take that into account as you read our take on the case.

The Ballingers own a home