Remember Brott v. United States, the case we last posted about here (“New Cert Petition: Property Owners Entitled To Jury & Article III Judge In Federal Inverse Cases“)? The Question Presented in that case is whether “the federal government take private property and deny the owner the ability to vindicate his constitutional
Supremes Consider Unconstitutional Conditions, Vested Rights, And Property … In A Patent Case
If case you were thinking you might have missed a big property case that made its way to the Supreme Court, fear not. All of the above issues were raised in the course of yesterday’s arguments in a patent case.
As the transcript in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC
Eminent Domain Podcast, Episode XI – State Damaging Clauses, Jury Trials In Federal Inverse Cases?
You should be following along with Clint Schumacher’s Eminent Domain Podcast on your own, but in case you missed this one in your feed, be sure to check out the latest episode, which features U. Virginia Law School prof Molly Brady talking about “damage clauses” in state constitutions.
Queen: Feds Took** Our Crown Lands!
Tomorrow, Saturday, November 11, 2017, is the 100th anniversary of the death of Hawaii’s last monarch, Liliuokalani. The Honolulu Star-Advertiser has a story about the commemoration events.
But here’s a historical tidbit about her which our readers might find interesting: did you know that after she was deposed, and after Hawaii became a
Connecticut Creates Lower Court Split? Split Your Takings Claim At Your Own Res Judicata Risk
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