Yesterday, on behalf of our Owners’ Counsel of America colleagues, we filed this request asking the U.S. Court of Appeals to consider our amicus brief in support of the property owners in a natural gas act pipeline case.
The issue is what evidence the trier of fact in a compensation trial may consider about “stigma”
Remember that Christopher Nolan movie from a few years ago, “Inception,” with its dream-within-a-dream storyline?
Well, that’s what a recently-filed cert petition which asks the U.S. Supreme Court to jump into California’s inverse-condemnation-liability-for-wildfires issue reminds us of with its taking-within-a-taking argument, as detailed in the Question Presented:
Whether it is an uncompensated
The title of this post may have you wondering, especially the part about how a regulation that invites others to physically enter private property, is determined by a court to not be a physical taking. (The court also hints at looking at a physical taking under Penn Central, and not by applying per se
Here’s what’s on the reading list for today:
Here’s the Reply Brief in a case which we’ve been following (and in which we filed this amici brief). 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 the land being
Here’s the Brief in Opposition, in Like v. Transcontinental Gas Pipe Line Co., LLC, No. 18-1206 (Apr. 17, 2019), the case which we’ve been following (and in which we filed this amici brief).
This is the case in which landowners are challenging the district court’s issuance of an injunction in a Natural
Here are the links from today’s two sessions (the first, federal water issues impacting local land use; the second, Bringing and Defending a Takings Case):
Here’s the amici brief of the Owners’ Counsel of AmericaNew Jersey, Virginia, and West Virginia property owners; Cato Institute, and NFIB Small Business Legal Center which urges the Supreme Court to grant cert in a case we’ve been following for a while.
As regular readers understand, several federal courts of appeals
As we’ve noted before, the growing homeless and “urban camping” situation seems to be getting worse, and in our perception is reaching the point of being intractable. A trip down the sidewalk of any major city — if you dare, particularly in the west — will confirm. And there are no easy answers
Pretty simple facts in the North Dakota Supreme Court’s opinion in Lincoln Land Development, LLC v. City of Lincoln, No. 20180117 (Mar. 15, 2019): back in the day (the 1980’s) the City had a dirt road over private property, used to access its sewage treatment plant. Lincoln Land Development bought the property in 2005.