Here’s the latest “Map Act” case from North Carolina, one that touches a bit on the metaphysical side because it gets into the question of whether an ongoing inverse condemnation case in which the N.C. Supreme Court has already ruled that property was taken (although it did not determine the interest taken), prevents the government
Tony Della Pelle On “Orange Barrel Litigation: Temporary Takings Caused By Construction”
For those of you who have not recently attended the ALI-CLE Eminent Domain and Land Valuation Litigation Conference (which we held recently in Charleston, and which we’re planning for in Palm Springs in Jnauary 2019), here’s another sampling of the kind of thing we do.
It’s our New Jersey colleague Anthony Della Pelle
Appellate Lessons: Even When You Frame Your Issues Well, “Your” Case Isn’t Really Yours
A slight divergence from our usual fare today, because we’re looking at a tort case. A tort case? Yes, because this one has lessons for our appellate practitioner colleagues. The lesson: when you are in a court of last resort, “your” case isn’t all yours, and even if you have framed your issues carefully, sometimes
April 19-20, 2018: Land Use Institute, Detroit (Printable Brochure)
Here’s the printable brochure with the details on the 32nd Annual Land Use Institute in Detroit, April 19-20, 2018. We’ve plugged the program before so we won’t do so again, except to say that you really should attend because (1) it’s a very good program that won’t take much of your time (fly in for
NC: Real Estate Broker Is Qualified To Testify About Fair Market Value
In North Carolina Dep’t of Transportation v. Mission Battleground Park, No. 361PA16 (Mar. 2, 2018), the North Carolina Supreme Court confirmed that real estate brokers — and not only appraisers — can testify about the fair market value of condemned property.
The background is fairly routine — the DOT condemned a portion of a
California Wildfires, Inverse Condemnation, And Climate Change
Is climate change responsible for the severity of California’s recent spate of devastating wildfires? Several big utility companies are being sued or threatened with inverse condemnation for their roles, if any, in the damage. A story today in Climate Liability News (“California Utilities, Climate Change and Wildfires: A Liability Quagmire“) details the
Nebraska: Eminent Domain Fee Statute Only Requires Reimbursement Of Fees “Actually Incurred” (So Unsupported Claim Is Right Out)
Here’s the latest case on our (second) favorite subject, recovery of attorneys’ fees.
First, let’s be frank: in our experience, many courts don’t really care all that much for requests for fees and costs, for whatever reason. Maybe it’s because the merits have already been decided and these requests are collateral “tails.” Maybe it’s because
Professor Molly Brady On Murr – Video Clips From The ALI-CLE Eminent Domain Conference
For those of you who have not recently attended the ALI-CLE Eminent Domain and Land Valuation Litigation Conference (just wrapped in Charleston, planning Palm Springs 2019), here’s a small sampling of the kind of thing we do.
It’s U. Virginia lawprof Molly Brady talking about the U.S. Supreme Court’s regulatory takings decision in
Our Unfiled* Amicus Brief In The California Beach Access Case
We’re not going to be filing an amicus brief in support of the petition for cert in the case involving Martin’s Beach on the Northern California coast. Masters of the Universe like Paul Clement and his team hardly need help from the kids in the back row.*
Minnesota’s Unclaimed Property Act Is A Taking If State Holds Interest-Bearing Account, But Doesn’t Pay Interest
A very interesting (pun intended) read today from the Minnesota Supreme Court.
In Hall v. Minnesota, No. A16-0874 (Mar. 7, 2018), the court held that Minnesota’s Unclaimed Property Act, under which unclaimed property is presumed abandoned and then held by the State, works a taking when the State takes possession of an interest-bearing bank