No, not that JQA. (Sorry for the clickbaitey headline.) But who could resist the Fifth Circuit’s per curiam opinion in John Quincy Adams v. Pearl River Valley Water Supply District, No. 21-60749 (July 20, 2022) which held that Mr. Adams, who owned property near a reservoir, could not sue state officials in federal court
CA6: State Officials Enjoy 11th Amendment Immunity From Just Compensation Claims In Federal Court
In Skatemore, Inc. v. Whitmer, No. 21-2985 (July 19, 2022), the U.S. Court of Appeals for the Sixth Circuit held that neither the Just Compensation Clause, nor the Fourteenth Amendment abrogated the states’ immunity from being sued in federal court for compensation for takings.
This is another one of those cases where — due
CA1 Splits With CA9: “[T]he Fifth Amendment precludes the impairment or discharge of prepetition claims for just compensation in Title III bankruptcy.”
Here’s the latest in an issue we’ve been following for a while. You recall that several years ago, a divided panel of the Ninth Circuit held there’s nothing particularly special about an unresolved takings claim for just compensation that sets it apart from other creditor claims in a government bankruptcy.
The Ninth Circuit majority held
Iowa Rejoins The Fold: Right-To-Farm Statute Does Not Violate State Constitution
We were all set to detail the Iowa Supreme Court’s recent opinion in Garrison v. New Fashion Pork LLP, No. 21-0652 (June 20, 2022), when we discovered that Iowa State University’s Center for Agricultural Law and Taxation beat us to it with “Iowa Supreme Court Overrules Key Ag Nuisance Case.”
On June
New Novel: “Wise-Cracking Lawyer” Gets Caught Up in Eminent Domain … And Murder!
A “brash, wise-cracking unapologetic lawyer” gets caught up in “two innocuous words of legalese” and next thing you know, he’s embroiled in “lies, deceit, and ultimately murder.” Sound like your practice? (ha!) If so, then have we got a novel for you: “Eminent Domain” by Ronald D Demmans.
Yes, a novel where condemnation
DC Circuit OK’s Pipeline That’s Already Built
Here’s the latest in a case we’ve been following.
In City of Oberlin v. FERC, No. 20-1492 (July 8, 2022), the U.S. Court of Appeals for the D.C. Circuit held FERC adequately explained why, in granting a certificate of public convenience, it relied in part on evidence that some of the natural gas
Eminently Outplayed: Condemnation Lawyer Is The New Jeopardy! Champion – Well Done, Steve Clarke!
Check this out: our friend and colleague, eminent domain lawyer Stephen J. Clarke is the new Jeopardy! champion.
And it wasn’t just a plain-old win for Steve. It was an exciting, come-from-behind triumph, based (no doubt) on his careful, strategic thinking and thoughtful play (this is chess, not checkers!). Just like his eminent
Montana: Owners Are You-Know-What-Out-Of-Luck For Sewage-Backup Damaging Claim, Unless They Show Torty Evidence
In Witman v. City of Billings, No. DA 20-0609 (July 5, 2022), the Montana Supreme Court rejected an inverse condemnation damaging claim after a grease clog in city sewers resulted in 1000 gallons of raw sewage flooding the Witman home. Ugh.
Despite rules that limit what is supposed to go into sewage systems, people
New Cert Petition: Does Possibility Of Agency Regulation Restrict Property?
Here’s the latest in a case we’ve been following from when the takings case was rejected by the Court of Federal Claims, and the dismissal affirmed by the Federal Circuit.
Yes, this is the “bump stock” takings case, and the Federal Circuit decision has now triggered a cert petition.
You remember that
Here’s The Full Speaker And Topic List For The Brigham-Kanner Property Rights Conference (Sep 29-30, 2022)
By now, you know that the 19th Brigham-Kanner Property Rights Conference is set for September 29-30, 2022, at the William and Mary Law School in Williamsburg, Virginia (register here – space is limited – fee ranges from free to $195 – a bargain!). And you know that our colleague Jim Burling is this