A very good and active crowd for today’s Eminent Domain Conference (CLE International) in Scottsdale, Arizona. It was good to visit with some old friends, and also to get to meet some new colleagues.
Our talk focused on national trends, and this year’s most interesting condemnation and takings cases. Here’s the links to the cases I mentioned that are not in the written materials:
- Texas Court of Appeals: “Rail Construction Cutting Off Access Can Be Inverse Condemnation – Even When There’s Been No Taking.”
- Garretson: Arizona Supreme Court on access. Oregon goes the other way: “Cutting Off Direct Highway Access Is OK, Provided Property Isn’t Totally Landlocked.”
- California: “Increasing A Nonprofit’s Losses May Result In A Business Goodwill Claim.”
- The Colorado public use cases: public use vs. public purpose: Lafayette and Carousel Farms.
- Louisiana: Violet Dock Port – public use approved, but replacement cost should be considered in the just comp calculus.
- “Before” really means before: Post-Kelo statutes: how effective? (Georgia)
- Tribal immunity: land only partially owned by a tribe is off limits to eminent domain.
- Highest and Best Use could include “conceptual plans” (Florida)
PS – the pic above isn’t me — I was too wrapped up in the presentation to snap one — but is of the speaker who took the lectern right afterwards. Great stuff.