Here’s the latest on a kind of strange case we’ve been following.
Our case starts off as a somewhat typical public use challenge. After a developer failed to negotiate purchase from Rubin an easement for a sewer line to serve a nearby housing project, the developer enlisted the Town of Apex to lend a
This week is what we call Brigham-Kanner week here at William and Mary Law School. The week culminates in the Thursday presentation of the Brigham-Kanner Property Rights Prize to lawprof Greg Alexander, followed on Friday by the Conference presentations (see below).
And earlier in the week, we’re having a series of law student-oriented programs
The topic of the “self-executing” nature of Just Compensation is in the news these days, with the Supreme Court’s agreeing to review Devillier v. Texas.
But we’ve been on that issue for quite a while, and in a recent episode of Clint Schumacher’s Eminent Domain Podcast (if you are not already subscribed, why not?)
Yesterday, during the Annual Meeting of the Hawaii State Bar Association, we participated in a program sponsored by the Real Property and Financial Services Section, “Inverse Condemnation & Paying for Disasters.”
As you can see above, we joined lawprofs Shelley Saxer and David Callies to share thoughts about inverse claims, and the difference
The U.S. Court of Appeals for the Federal Circuit’s opinion in Stimson Lumber Co. v. United States, No. 22-1201 (Oct. 2, 2023) does not add a lot to the overall regulatory takings canon, but the court and the caption might give you a hint that this one is a Trails Act takings claim.
As
We don’t regularly cover unpublished opinions, but the U.S. Court of Appeals for the Fourth Circuit’s Columbia Gas Transmission, LLC v. 0.12 Acres of Land, No. 23-1069 (Oct. 11, 2023) got our attention because it involves a slight twist on the the Supreme Court’s ruling a couple of years ago in PennEast Pipeline Co.
We were all set to write up our in-depth analysis and post our deep thoughts on the California Court of Appeal’s opinion in Pacific Gas and Electric Co. v. Superior Court, No. C097529 (Sep. 21, 2023), a case involving the question of “necessity,” the burden of proof, and whether a legislature’s assertion that a
If you happen to be in the Hampton Roads neighborhood later this week, you may want to consider paying a visit to Hampton University for what looks like an intriguing program:
In Van Sant & Co. v. Town of Calhan, No. 22-1190 (Oct. 13, 2023), the U.S. Court of Appeals for the Tenth Circuit considered the claim of the operator of a mobile home park who asserted a due process property right to instead use its property as a RV park. Here’s why the court
Here’s the latest in a case and an issue we’ve been following.
Recall that the U.S. District Court for the Eastern District of Texas concluded that the City of McKinney, Texas was liable for the taking of Vicki Baker’s home, after city police officers destroyed a large part of it while apprehending a suspect