Here’s the video of the OA held this morning (March 10, 2020) in a case we’ve been following, about the statute of limitations governing inverse claims. Maryland Reclamation Association filed an regulatory takings claim in 2013, and eventually the jury awarded a whopping $45 million in just compensation and interest. Hartford County asserted the
Final Cert-Stage Briefs In Case Asking: Does The Self-Executing Just Compensation Clause Abrogate A State’s 11th Amendment Immunity?
Here are the final cert-stage briefs in a case we’ve been following for what seems to be a long time.
We say that because we represented the property owner the last time it was up before SCOTUS, when we came tantalizingly close to making the cut.
After the Court denied review, the property
New Cert Petition: Are Patents “Property” Protected By The Takings Clause (Is Inter Partes Review A Taking)?
You recall that a short while ago, in Oil States Energy Servs., LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018), the Supreme Court held that patents are a form of “public property” (more like a government-created entitlement), and thus Congress can withhold the usual Article III tribunal and a jury when
Cases And Materials From Today’s WM Law ACS Talk: “Pipelines at the Intersection of Environmental, Administrative, and Property Law: How Divergent Interests Joined Forces To Challenge Big Energy”
We just completed a fun hour-long talk with the students in the William and Mary Law School’s American Constitution Society, the Native American Law Society, and the Society on Environmental and Animal Law about the various pipeline cases that are ongoing nationwide. (If our tech worked, we shall post the audio recording in a future
Latest Ep. Eminent Domain Podcast: Carousel Farms Cert Petition, William & Mary Law
Here’s the latest episode of Clint Schumacher’s Eminent Domain Podcast. Featuring an interview with the Institute for Justice’s Robert McNamara about an eminent domain case we’ve been following, Woodcrest Homes, Inc. v. Carousel Farms Metro. Dist., No. 19-607 (cert. petition filed Nov. 7, 2019). Also included, a short talk with Delia Root
Sixth Circuit Reminds Us That Rooker-Feldman Does Not Limit Judicial Takings Cases
After the recent demise of Williamson County‘s state procedures requirement, we’ve been looking at other ways in which takings claims raised in federal courts may be challenged. You know, things like the Eleventh Amendment, the still-valid final decision rule, full faith and credit and res judicata, and our old favorite obscure
Just Compensation Site Visit: The First Right “Incorporated” Against States, And Local Govts
Where is this? The clues are all in the picture.
You’ve seen the citation so many times, your eyes probably gloss over it. After all, Westlaw lists it with 4,507 “Citing References.” That’s a heckuva lot of citations to a single case.
Like this one, pulled from a recent random federal district court opinion:
And
Federal Circuit: When Road Is The Property Boundary, Owner’s Fee Goes Up To The “Centerline”
They’re coming so fast, we can hardly keep up.
Today, in Castillo v. United States, No. 19-1158 (Feb. 20, 2020), the U.S. Court of Appeals for the Federal Circuit resolved a common issue in rails-to-trails takings cases: when a property owner holds title and her deed describes the land as bordering on a
CA9: Remember That $1 The Court Awarded You For The Jury’s Finding Of A Regulatory Taking? We’re Taking That Away, Too
Here’s the latest in a long-running, multi-forum takings case about the development of affordable housing on the Big Island of Hawaii.
Last we saw, the District Court awarded nominal compensation ($1), after the jury concluded that the State of Hawaii took Aina Lea’s property. The parties cross-appealed: the State argues the district court should have
Amici Briefs: What Do You Do With A Recalcitrant Condemnor Who Won’t Pay The Judgment? Magna Carta ‘Em!
Check out these two amici briefs, just filed in a case we’ve been following, about what a property owner who is awarded just compensation in a state court eminent domain lawsuit is supposed to do if the local government that is ordered to pay the just compensation judgment … doesn’t.
The property owner sued