This is the fifth and last in our series of posts with thoughts on the landmark decision in Knick. In this post, we’ll be puling out our crystal balls, and doing a bit of forecasting. Here are the related posts:
Williamson County Overruled: After Nearly A Century, Supreme Court Finally Has Figured Out What A Regulatory Takings Claim Looks Like
We’ll be doing a longer post with our thoughts on the U.S. Supreme Court’s landmark ruling in Knick v. Township of Scott, No. 17-647 (June 21, 2019). But here’s the big picture.
It appears that at least five Justices finally seem to understand what we in the property bar have been saying for decades
“The state-litigation requirement of Williamson County is overruled.”
Property lawyers, dust off your Federal Rules of Civil Procedure, and federal judges your long vacay from dealing with regulatory takings and inverse condemnation cases is over, because this just in: by a 5-4 margin (Chief Justice Roberts authored the majority opinion, with Justice Kagan writing the dissent), the U.S. Supreme Court today finally (finally!)
NY Court of Appeals Considering Whether A Pipeline Can Take Property For A Project That Can’t Legally Be Built
Here’s a case that’s pending in the New York Court of Appeals that has been briefed and is awaiting argument.
In Natural Fuel Gas Supply Corp. v. Schueckler, No. 17-02021 (Nov. 9, 2018), the Appellate Division answered this question:
This appeal therefore presents a novel question of condemnation law: can a corporation involuntarily expropriate
Links From Today’s Portland Eminent Domain Conference
Here are the links to the cases which were not in your materials. Theme of the day: amateurs!
Our thanks to colleagues Jill Gelineau and Paul Sundermier for asking us to present. It was good to see our Oregon friends again.
Twitter Is The New Cream
A forthcoming article in the Cornell Law Review (“Virtual Briefing at the Supreme Court“) argues that it’s an “open secret” that the way to influence a SCOTUS case is to hit up social media:
The open secret of Supreme Court advocacy in a digital era is that there is a new way to
Cert Denied In Immediate-Possession-By-Injunction Case (But There’s One More In The Pipeline)
This morning, the Supreme Court declined to review a case we’ve been following, Like v. Transcontiental Gas Pipe Line Co., No. 18-1206.
This is the one in which landowners are challenging the district court’s issuance of an injunction in a Natural Gas Act taking which allow a private condemnor to obtain immediate possession of
Shaka, When The Walls Fell: Yes, Knick Will Be About Takings, But It Will Be More About Federalism
With the opinion in the Knick v. Township of Scott case to drop as soon as Tuesday (we’re guessing the opinion will be by Chief Justice Roberts, by the way), hold on: we’re about to get super nerdy here. Impossibly nerdy. Yes, we’re revisiting the Star Trek analogies. We’ve been down this road before
Ohio App: Owner Can’t Object To An Illegal Quick Take, Except By Filing A Trespass Action, And Obtaining An Injunction
In City of Dublin v. RiverPark Group, LLC, No. 18AP-607 (May 9, 2019), the Ohio Court of Appeals (Tenth District), the city exercised eminent domain — via Ohio’s version of “quick take” (immediate possession, not title) — to take an easement “for the purposes of constructing roadway improvements … and a shared-use path adjacent
Friday Reading: Pipeline Injunctions, Justifying Kelo, And Maui Groundwater Case
Here’s what we’re reading today, in between real work:
- “Rural families’ eminent domain fight arrives at high court” from Pamela King at E&E News, about this case we’ve been following. Injunctions and “take first, pay later.”
- “John Paul Stevens Is Still Trying To Defend the Kelo Debacle” from Damon