For those of you, like us, who were not able to be in DC for today’s oral arguments in the “larger parcel” or “denominator” case, Murr v. Wisconsin (see our preview of the arguments here), here’s the transcript, hot off the press.
Appellate law
The Eminent Domain Angle In The Hawaii Federal Court’s Immigration EO Ruling
We think we can find a takings angle in nearly anything. See here (net neutrality) here (the Supreme Court’s Obamacare decision), and here (a visit to Los Alamos, NM) for past examples.
So when reviewing last week’s U.S. District Court (D. Hawaii) order granting a nationwide TRO prohibiting enforcement of President Trump’s executive order …
SCOTUS Argument Preview: Does Fee Simple Absolute Mean Anything? The “Larger Parcel” Issue In Regulatory Takings
As takings mavens are no doubt already aware, next Monday, the 8-Justice Supreme Court will hear arguments in Murr v. Wisconsin, the regulatory takings case which asks whether the county can avoid application of the Lucas wipeout standard on one parcel by taking advantage of the fact that the plaintiffs also own the…
Eminent Domain Case To Watch: Violet Dock Port (Louisiana S Ct)
Here’s a case you should be following which involves both public use and just comp issues, now before the Louisiana Supreme Court.
The case is an appeal in an expropriation case from a quick-take of a Mississippi River docking facility downriver from New Orleans. The Port took the entire VDP facility, made no change…
Monday Links: Murr SCOTUS Preview, Mass. Reg Takings Verdict, Great Wall Of America, Train Takings
Here’s what we’re reading this Monday:
- Preview of SCOTUS oral arguments in Murr v. Wisconsin. This is the “larger parcel” case which will be heard next Monday, March 20. The Cato Institute is having a session on it at its DC facility, “Rethinking Regulatory Takings.” If you can’t be there in-person,
…
New SCOTUS Just Comp Cert Petition: Can Jury Value Property As If Burdened By Extinguished Easement?
Here’s the cert petition we filed today in an eminent domain case out of Mississippi.
Rather than go on about what the case is about, here are the Questions Presented:
An inverse condemnation jury determined the Mississippi Transportation Commission (MTC) ceased using a highway-purpose easement granted to it in 1952 by Petitioner’s predecessor-in-title for a…
Hawaii Supreme Court: Election Law Appeal Timely Brought When Mailed
Here’s the latest in a case we’ve been following (because we represent the Petitioner), an election law case about the timing of appeals in challenges to a voter’s registration.
In Hyland v. Gonzales, No. SCWC-15-0000053 (Mar. 2, 2017), the unanimous court held that the appellant timely “brought” his appeal to the Hawaii County Board…
Hawaii Supreme Court Oral Arguments: When Is Election Law Admin Appeal “Brought?”
Here’s the recording of Hawaii Supreme Court oral arguments from last month in a case we first were following, and then later became involved in as counsel.
As we previewed here, the question which the court is reviewing is whether an appeal in a voter registration challenge case is timely brought when…
6th Circuit: Michigan Statute Allows Recovery Of Money, So Takings Claim Not Ripe For Federal Court
The Sixth Circuit’s majority opinion in Wayside Church v. Van Buren County, No. 15-2463 (Feb. 10, 2017) isn’t all that exciting — after all, it was a takings case brought in federal court, and you know what that means: Williamson County — but do give it a read. The facts are somewhat unusual, even…
New Article: Recent Developments In Eminent Domain
Here’s an article, recently published by the Urban Lawyer (the law review produced by our ABA section, the Section of State and Local Government Law), with our take on the most interesting and important eminent domain and takings rulings from the past year.
Many of the cases discussed will be familiar to regular …

