Photo of Robert H. Thomas

Robert H. Thomas

A short one from the U.S. Court of Appeals for the Eighth Circuit. 

The caption of WBI Energy Transmission, Inc. v. 189.9 rods, No. 24-1693 (Mar. 24, 2025), should tell you that this is a private-delegation federal taking, and indeed it is. Another Natural Gas Act taking by a private pipeline company. 

After WBI

Kudos to whomever added the Wilhelm Scream

In trial court litigation, the “final judgment” is a milestone. That’s when your window to an appeal starts, that’s when it is truly done in a trial court. If you are one of the parties or lawyers in the trial court, that’s when you can respond to the

Here’s the latest in a case we’ve been following closely (and disclosure: our firm filed an amicus brief in the Texas Supreme Court).

First, the bottom line: in The Commons at Lake Houston, Ltd. v. City of Houston, No. 23-0474 (Mar. 21, 2025), the Texas Supreme Court held that merely because a regulation

CornercrossingThe opinion gets that diagrams are good. 

Here’s the latest in a case we’ve been following

A case that should end up in Property casebooks (it will almost certainly make an appearance in our William and Mary Eminent Domain and Property Rights course in the fall).

Dirt lawyers know the “ad coelum

Wondering what happened to that case we posted about last week, where our outfit is representing property owners in a federal court challenge to a Rhode Island town’s efforts to take their land by eminent domain?

Well, here’s the latest. The court just issued this Temporary Restraining Order. Read it for the details.

Today we have a guest post by New York colleague Jennifer Polovetsky, who writes about an exactions case that is headed for the New York Court of Appeals. Disclosure: our firm represents the property owners in that court. 

Thanks to Jennifer (and to the New York Law Journal) for allowing us to republish her

Virginia eminent domain 2025

Virginians: now is a good time to register for the Virginia Eminent Domain Conference, May 8-9, 2025, at the Kingsmill Resort in Williamsburg.

We have spoken and attended the Conference in past editions, and can report that it is excellent. We’re looking forward to joining friends and colleagues again in The Burg in the

TX Em Domain 2025 Austin

Texans: now is a good time to register for the 24th Annual Texas Eminent Domain Superconference, March 27-28, 2025, at the Austin Country Club in Austin.

We spoke at the Conference a couple of years agolast year and in other editions, and can report that it is excellent. Check out the faculty and agenda