As we just detailed, the Eleventh Circuit joined the Third and Fourth (contra the Seventh) Circuits in concluding that a lack of Congressional delegation of quick take power to private pipeline condemnors in the Natural Gas Act does not stand in the way of a federal district court issuing an injunction to affect immediate pre-title
Appellate law
Knick’s Supplemental Reply Brief: Injury To Property Triggers Right To Come To Federal Court
Here’s the final brief for Ms. Knick, replying to the Township’s and the Solicitor General’s supplemental letter briefs.
It’s very short, so you should read it yourself. But here’s what we think is the highlight:
Williamson County is irreconcilable with the traditional view that a Takings Clause claim accrues (and is actionable in federal court)…
In Federal Pipeline Takings, Does The State’s Law Of Just Compensation Govern?
The U.S. Court of Appeals for the Third Circuit recently heard oral arguments (stream above, or download the mp3 here), in a case involving an issue we briefed recently in another circuit: whether state or federal law governs the determination of Just Compensation in federal court Natural Gas Act takings.
Now, you might…
Township’s Supplemental Brief In Knick: This Is A Statutory, Not Constitutional, Issue
Here’s the third (and final) supplemental letter brief in Knick v. Township of Scott, No. 17-647 (which is set for reargument before the Supreme Court next month).
Of course, you should not be surprised that the Township disagrees with both Ms. Knick’s arguments, as well as the SG’s supplemental brief, and…
SG’s Supplemental Knick Brief: No Fifth Amendment Violation If Govt Does Not Admit To A Taking, But Property Owners Should Still Be Able To Come To Federal Court Anyway To “Vindicate” The Right To Compensation
As we wrote in this post, the federal government”s position in Knick v. Township of Scott, No. 17-647, which is set for reargument next month, has us a bit perplexed.
On one hand, the SG’s bottom line is good: property owners can bring their takings claims against local governments in federal as…
Supplemental Knick Brief: Time Of Invasion Is When Property Is “Taken”
Here’s the supplemental letter brief, filed today on behalf of Rose Mary Knick, as requested by the Supreme Court.
Two more — by the Township and by the SG — to be filed today as well. We shall post those as they become available.
Electric Company: We Can’t Be Liable For Inverse Condemnation For Cal Wildfires Unless We Can “Unilaterally Recoup Costs From The Benefited Public Through Taxation Or Rate Increases”
Here’s the Petition for Review we’ve been waiting to drop since last week’s ruling by a California Court of Appeal declining to review the California PUC’s decision to turn down the electric company’s request for a rate increase to cover the compensation and damages that it must pay as the result of a southern California…
Knick Reargument: Wednesday, Jan. 16, 2019
They’re going back, to reargue the case with a full contingent of justices. In the January oral argument calendar published yesterday, the Supreme Court gave us the date and time:
Wednesday, January 16, 2019, at 10:00 a.m.
We will be there, and will bring you our thoughts.
Supremes: “According to the ordinary understanding of how adjectives work, ‘critical habitat’ must also be ‘habitat'” … Whatever That Is
By Robert H. Thomas on
A unanimous opinion from the Supreme Court, which can only mean one thing: a narrowly-drawn opinion that doesn’t resolve much.
But we’re grateful anyway, because the opinion is one that appreciates the plight of property owners whose land is subject to being designated as “critical habitat” under the Endangered Species Act.
Intervenor Center for Biological…
ALI-CLE Eminent Domain And Land Valuation Litigation Palm Springs Brochure Is Out
By Robert H. Thomas on
Posted in Administrative law, Appellate law, Court of Federal Claims | Federal Circuit, Due process, Eminent Domain | Condemnation, Environmental law, Events | Conferences, Inverse condemnation, Just Compensation | Appraisal, Municipal & Local Govt law, Nollan/Dolan | Exactions, Penn Central, Pipelines, Property rights, Public Use | Kelo, Redevelopment, Regulatory takings, Relocation | URA, Ripeness | Knick, Zoning & Planning
Get ready. In this and upcoming posts, we’re going to be featuring the items on our agenda for the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 24-26, 2019, in sunny Palm Springs, California.
ALI-CLE has released the brochure, which those of you on the mailing list should have received — …