Our friend and colleague Dwight Merriam recently published this piece about the looming Knick v. Township of Scott decision. Yes, ripeness, and how SCOTUS will treat regulatory takings. We posted our own prognostications here (“Shaka, When The Walls Fell: Yes, Knick Will Be About Takings, But It Will Be More About Federalism“).
Awaiting
The Colorado Supreme Court issued an opinion in a case we’ve been following on public use in eminent domain. in which it reframed the Questions Presented.
In Carousel Farms v. Woodcrest Homes, No. 2018SC30 (June 10, 2019), the court reversed the court of appeals’ conclusion that a taking lacked a public purpose because
The details are yet to be posted on the web, but mark your calendars now for an upcoming (two weeks from today, on Friday, June 21, 2019) Federalist Society teleforum, produced by the Environmental and Property Rights Practice Group, about an issue that we’ve been following that is the subject of at least three
Here are the links to the cases which were not in your materials. Theme of the day: amateurs!
Our thanks to colleagues Jill Gelineau and Paul Sundermier for asking us to present. It was good to see our Oregon friends again.
A forthcoming article in the Cornell Law Review (“Virtual Briefing at the Supreme Court“) argues that it’s an “open secret” that the way to influence a SCOTUS case is to hit up social media:
The open secret of Supreme Court advocacy in a digital era is that there is a new way to
In Berry v. City of Chicago, No. 1-18-0871 (May 22, 2019), a divided Illinois court of appeals reversed the dismissal of an inverse condemnation claim, holding that even though the potential damage was widespread, the plaintiffs might be able to show that they incurred damage beyond those incurred by the general public.
The case
Here’s one we’ve been waiting to drop for a while, on an issue we wrote about earlier this week.
In Puntenney v. Iowa Utilities Board, No. 17-0423 (May 31, 2019), the Iowa Supreme Court — taking a different view than Kentucky — held that a pipeline which runs through Iowa, but which
There’s a lot to digest in the draft workgroup reports of the California Commission on Catastrophic Wildfire Cost and Recovery, which were released yesterday.
But the bottom line stands out: California’s version of inverse condemnation liability — which holds a private utility liable for just compensation and damages if its activity was a cause
An issue we’ve been tracking for a while — are takings for pipelines for the public’s benefit? — raises another question: how is “the public” defined?
Some courts, like Kentucky’s, define the public as the public which the jurisdiction serves. In the Bluegrass Pipeline case, for
This morning, the Supreme Court declined to review a case we’ve been following, Like v. Transcontiental Gas Pipe Line Co., No. 18-1206.
This is the one in which landowners are challenging the district court’s issuance of an injunction in a Natural Gas Act taking which allow a private condemnor to obtain immediate possession of