Yes, we did memes in our Knick brief, and in a follow-up blog post.
But colleague Benjamin Tozer has taken it to the next level.
Cal App: Business Goodwill “is compensable separate and apart from the parties’ interests in the property taken.”
We were all set to offer our deep analysis of the California Court of Appeal’s recent (published) opinion in Three Aguila, Inc. v. Century Law Group, LLP, No. B289452 (July 2, 2019), when our colleagues at the California Eminent Domain Report blog beat us to it.
Dirt Lawyer CLE At ABA Annual Meeting (San Francisco)
If you are going to be attending the ABA Annual Meeting in San Francisco next month, here are some of the CLE and other programs of interest to property, land use, and eminent domain types, sponsored by our Section, the State and Local Govt Law Section:
Thursday, Aug. 8
- Knick Overrules Williamson County: What
10th Cir: Federal Takings Claim Against State Prison Officials For Withholding Interest Barred By 11th Amendment
The flag of the State of Hatu
Williams, a prisoner, thought that Utah prison officials should have paid him interest on his prison account. Acting as his own attorney, he sued under § 1983 for a taking and for a deprivation of due process in federal court, raising claims against the Utah Department of Corrections
Guest Post: Senator Is Wrong About Knick Ruling
Back to Knick for a bit. Our colleague Dwight Merriam has penned a response to a recent op-ed by U.S. Senator Sheldon Whitehouse (D – RI).
The good senator, if you weren’t aware, was also the guy who argued and lost the Palazzolo case all the way back in 2001. Apparently, he’s still sore about
New Cert Petition: Private Pipeline’s Preliminary Injunction In Natural Gas Act Taking Created New Substantive Rights
Here’s the latest cert petition about an issue we’ve been following closely. Givens v. Mountain Valley Pipeline, LLC, No. ___ (July 3, 2019)
As regular readers understand, several federal courts of appeals recently have upheld giving prejudgment possession of property to a private pipeline condemnor once a district has ruled in favor of the
First Post-Knick Cert Grant
Here’s the first post-Knick property owner victory. That was quick!
Now before you get too excited, this is a GVR (“grant, vacate, remand”) in which the Court, having decided Knick, granted the pending petition, vacated the judgment by the Ninth Circuit, and “REMANDED for further consideration in light of Knick v. Township of Scott
Knick, Entirely In Memes
We’ve resisted for as long as we can.
Here’s our take at telling the Williamson County and Knick story, 100% in memes.
Why, you may rightly ask?
Well, it started with our Knick amicus brief, which included a meme that we thought captured well the injustice of property owners being prohibited by Williamson
It Isn’t A Judicial Taking When A Family Court Orders Equitable Distribution Of Assets
Here’s a question. Domestic partnership hit the skids, ended up in Family Court. That court did what family courts do and divided up the couple’s assets. The partners were not married, so one of the issues was whether they were in a “committed intimate relationship.” Family court held no. Decision appealed, and eventually sent back to
Why Eminent Domain Lawyers Should Read The Supreme Court’s Census Case
Eminent domain lawyers know that even though the U.S. Supreme Court ruled against the property owner in Kelo, it acknowledged that there was a (slight?) hope in some cases where the condemnor’s stated public use or purposes is actually “pretext” to private benefit.
Pretext may be present in at least three situations: (1) when eminent