You’ve known for a while that Palm Springs, California, specifically the Renaissance Palm Springs Hotel (a resort facility, but right in town, so you will have many options for “off campus” activities like art museums, the aerial tram, golf, and whatever suits your fancy, and close-in to the Palm Springs Airport), is the venue
Attorneys Fees & Costs
“A Lawyer May Spend A Lifetime Working For That One Magnificent Hour” – ND Court Awards Fees For “A Good Day”
We usually don’t cover trial court orders, but this one is short, and, we think, worth your time reading.
The issue before the North Dakota District Court (Ward County) was the award of attorneys’ fees following a successful necessity challenge by a landowner. In North Dakota, the award of fees and costs to…
Links And Materials From Today’s Transportation Research Board Session
Here are the cases and other items I either spoke about or mentioned at today’s Transportation Research Board‘s 57th Annual Workshop on Transportation Law in Cambridge, Massachusetts:
- The Colorado public use cases: public use vs. public purpose: Lafayette and Carousel Farms
- On the Supreme Court docket: Violet Dock Port (SCOTUS, Louisiana)
- The Louisiana Supreme
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Montana: When An Eminent Domain Case Is Complex And Requires Out-Of-Town Talent, A Statutory Cap On Attorneys’ Fees May Not Apply
Here’s the latest in a case we’ve been tracking, the City of Missoula, Montana’s takeover of a privately-owned water system. In 2016, the Montana Supreme Court held that the city could exercise its power of eminent domain to take the property for a “more necessary” public use. The court allowed the city to take the…
Monday Readings: South Africa Takings, Redevelopment, Metes and Bounds, And More
Here’s what we’re reading today:
- The latest in that 15-minute jury verdict in a federal court regulatory takings case: the owner is now seeking attorneys’ fees. Here’s the motion. More on the case here (“State loses land-use lawsuit and must pay $1“).
- “A Dangerous Development in Cape Town” (via City
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Nebraska: Eminent Domain Fee Statute Only Requires Reimbursement Of Fees “Actually Incurred” (So Unsupported Claim Is Right Out)
Here’s the latest case on our (second) favorite subject, recovery of attorneys’ fees.
First, let’s be frank: in our experience, many courts don’t really care all that much for requests for fees and costs, for whatever reason. Maybe it’s because the merits have already been decided and these requests are collateral “tails.” Maybe it’s because…
New Cert Petition: Are The Relocation Act’s Attorneys’ Fee Provisions Merely Guidelines?
Here’s the cert petition, recently filed in a case we’ve been following from South Dakota.
The statute at issue — the federal Uniform Relocation Assistance and Real Property Acquisition Act — isn’t one that gets a lot of attention, particularly at the Supreme Court. But it’s an area that is ripe for review. The…
Video: Ninth Circuit Penn Central Oral Arguments
Here is the video of last Friday’s oral arguments in a case we’ve been following, in which the owners of a mobile home park successfully challenged a California municipality’s rent control ordinance as a taking.
In Colony Cover Properties v. City of Carson, a U.S. District Court for the Central District of California jury…
ALI-CLE Eminent Domain & Land Valuation Conference – In-Person Registration SOLD OUT (But You Can Still Join By Live Webcast)
Our upcoming American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference in Charleston, South Carolina has SOLD OUT our in-person registrations.
We will have a record attendance (with over 100 first-time attendees) and the conference hotel has informed us that we can fit no more people in the meeting rooms. We cannot remember this…
Private Condemnor Liable For Attorneys Fees When Condemnation For Access Road Fails
As we reported earlier (“Mississippi: Statute That Says No Private Takings For Access Within City Limits Means Just That“), as in many other states, in Mississippi, a private property owner may institute eminent domain proceedings to take a neighbor’s land when doing so is necessary for a landlocked parcel to gain ingress and…


