We all know that if you are challenging a federal government action as either beyond the agency’s authority (or is unconstitutional), and as a taking, you’ve got to split your claim between a U.S. district court, and the Court of Federal Claims. The district court considers challenges to the validity of the government action, while
ALI-CLE Eminent Domain Conference Hotel Block Selling Out – Overflow Available
We’re looking forward to a good crowd at the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference, when we shall converge on Charleston, SC, January 25-27, 2018. We’ve received word that our main conference hotel, the Francis Marion, has sold out.
But if you haven’t reserved your space yet, don’t despair. The
New Cert Petition: Property Owners Entitled To Jury & Article III Judge In Federal Inverse Cases
Here’s the cert petition which has just been filed in a case we’ve been following since it was instituted in the District Court, Brott v. United States.
The case presents the deceptively simple question of whether property owners who sue the federal government for a taking are entitled to both an Article III
More On Inverse Condemnation Liability For Fires And Floods
We’ve been receiving a lot of visits lately from folks looking for information on inverse condemnation liability after the recent Northern California wildfires, and the flooding in Houston. In addition to the news stories (see SF Chronicle wildfire story here, and the Texas Tribune flood story here) which we’ve already posted, here are
2018 ALI-CLE Eminent Domain Conference – Agenda And Faculty Now Posted
The complete agenda and faculty list has now been posted on the ALI-CLE website, and early registration is open! Go now and reserve your spot.
We paid a visit to Charleston recently, the venue for our January 2018 conference, to scout it out. We can report that we’re going to have a great time
Conflict Check: Hawaii Adds To Lower Court Regulatory Takings Split: Is Leaving Land Vacant On The Hope It Is Worth More In The Future “Economically Beneficial Use”?
This just in: the Hawaii Supreme Court has rendered a unanimous opinion in Leone v. County of Maui, No. SCAP-15-599 (Oct. 16, 2017), a case we’ve naturally been following because it involves regulatory takings (and we were involved in a similar case on a neighboring property).
We haven’t had a chance to review the
Flooding And Inverse Condemnation Links
For obvious reasons, much of our recent traffic has come to the blog looking for information or cases about inverse condemnation and flooding. So instead of having you chase down links through a search engine or our Search page, here are some of the more popular links regarding government liability for flooding:
Links And Materials From Today’s TRB Eminent Domain Session
Here are links to the cases and other materials which I mentioned today in our session at the Transportation Research Board‘s 56th Annual Workshop on Transportation Law in Salt Lake City:
- Urban Lawyer article: Recent Developments in Eminent Domain.
- Barton v. City of Norwalk: Connecticut Supreme Court “gets” the larger parcel issue.
Property Owners (And Amici) To Sixth Circuit: En Banc Review: “Self-Executing” Compensation Clause Means Congress Doesn’t Need To Consent
In Brott v. United States, 959 F.3d 425 (6th Cir. May 31, 2017), a Sixth Circuit panel — after acknowledging the Fifth Amendment right to just compensation is “self-executing” — held that it really wasn’t: the federal government can take private property but the owner can only recover compensation if Congress agrees to allow them
Restatement (SCOTUS) of Property: What Happened to Use in Murr v. Wisconsin?
A couple of weeks ago, we noted that the Supreme Court’s recent decision in Murr v. Wisconsin would no doubt be a boon for law review editors. To avoid shirking our duty, we’ve spent the interim doing some writing, adding a drop to the flood. First draft done, posted on SSRN here.
Emphasis