Here’s what we are reading this Tuesday:
- Could Eminent Domain Be The Zombie Mall Slayer? (Barista’s note: any time we see use of the eminent domain power bandied about as the solution to problems other than the lack of roads and post offices, we get nervous.)
- RTC: Eminent domain can be delegated to private entities – Kelo isn’t just a U.S. thing. A story from the Republic of the Philippines.
- How the Storm Area 51 phenomenon could be an alien benefit to family that once owned the land – we’re not saying it was aliens…but it was aliens. A story of the “Area 51” taking, where the owners are represented by our colleague Autumn Waters.
- Georgia colleagues Christian Torgrimson and Daniel Peterson write about Knick: The Eminent Domain Consequences of a U.S. Supreme Court Ruling.
- From the “be careful what you sue for” department: Maui County’s appeal is not to ‘gut’ the Clean Water Act (Maui’s mayor responds to claims that the County’s present refusal to settle the CWA lawsuit brought by the plaintiffs now being considered by SCOTUS is a betrayal of principles.)
- Judge Attacks “Kafkaesque Regime” That Lets Pipeline Companies Seize Land With Eminent Domain – more on Judge Millett’s concurring opinion in which she points out the bizarre situation property owners find themselves in in Natural Gas Act Takings. Our take on the issue here.
- U.S. Supreme Court Seems Poised To Erode Separation of Powers – retired Chief Judge of the New York Court of Appeals Sol Wachtler writes about his view of the border wall.
- In a Bankruptcy Sale, ‘Takings’ Claims Kick in Early – about the recent Federal Circuit opinion holding that a takings claim accrues for purposes of the commencement of the statute of limitations even before a property owner is actually injured.
Check them out.