Appellate law

You can really breathe in San Jose
They’ve got a lot of space
There’ll be a place where I can stay.
I was born and raised in San Jose
I’m going back to find some peace of mind in San Jose

Today, in this order after a series of rescheduled considerations that had seen the

Kirbyncsctarguments2-2016

All of the drama playing out in the North Carolina Supreme Court yesterday as the court heard oral arguments in its review of Kirby v North Carolina Dep’t of Transportation, No. COA14-184 (Feb. 17, 2015) came down — as they often do in these things — to a single question from the bench, and

Miss-I95-intersection

A pretty straightforward one from the Mississippi Supreme Court. Mississippi Transportation Comm’n v. United Assets, LLC, No. 2014-SA-01181-SCT (Feb. 11, 2016), involved a partial taking by MDOT at the intersection of I-59 and Highway 42.

The state’s appraiser concluded that commercial development was the highest and best use of the land and settled on

20160215_095312
The U.S. and Hawaii flags at half-staff this morning at the Hawaii Capitol

So Justice Scalia is gone. We all knew this day had to come, eventually. But we were not prepared for it so soon.

With his opinions in Nollan, Lucas, Rapanos, and Stop the Beach Renourishment, I think it

Here’s what we’re reading today:

We’ve posted a lot lately reporting on the 2016 ALI-CLE Eminent Domain and Land Valuation Litigation Conference, recently held in Austin. We have a couple of more posts for you before we turn to other things. Here is the first, a run-down of the blogs of faculty members, and others we were in the

Norfolk_sign

Talk about timing: Dana Berliner, Andy Gowder, and I were talking about the Central Radio case during a session on free speech and other First Amendment issues at the recent ALI-CLE Eminent Domain Conference, when we learned that at the same time we were speaking about the case, the U.S. Court of Appeals for the

A new cert petition filed earlier this week in a case from the Florida Court of Appeals that we’ve been following.

We’ve been following it because we filed an amicus brief when property owners sought cert review of an earlier decision by the same court which held the same thing: that the property owner subject

We know inverse condemnation liability can be triggered by intentional government action. But what about when government doesn’t act?

That was the issue before the Court of Appeals of Maryland in Litz v. Maryland Dep’t of the Environment, No. 23 (Jan. 22, 2016). And when the opinion starts this way, you just know where