One from the U.S. Court of Federal Claims that is worth your time at least to skim. And the opinion is worth reading if only for the court’s conclusion which we’ve reproduced above.
Hyatt v. United States, No. 23-399 (Jan. 16, 2025) is, as the court described it, “a typical rails-to-trails action[.]” The issue
Strong letter to follow!
A long-ish read (32 single-spaced pages) from the Federal Circuit in City of Fresno v. United States, No. 22-1994 (Dec. 17, 2024), but worth reading.
Not only will you get a crash course in how water is allocated in California’s vast central valley (as the billboards above, set up along
Check out the opinion of the Court of Federal Claims in Nix v. United States, No. 23-704C (Dec. 11, 2024). Fascinating stuff.
We post it here not because it breaks new ground, but due to the subject matter of the lawsuit: the alleged taking of a film that captures (in part) the assassination of
Get ready to join your colleagues and friends in San Diego for the 42d ALI-CLE Eminent Domain & Land Valuation Litigation Conference.
The 41st Conference was in New Orleans. Here’s a report of that event, and here are our reports from prior conferences in Austin and Scottsdale.
Here are some of the
Be sure to read the entirety of Lawprof Ilya Somin’s recent post on Volokh, “Federal Appellate Court Rules in Favor of Takings Lawsuit Against the CDC’s Covid-Era Eviction Moratorium.”
There, he analyzes the Federal Circuit’s recent 2-1 opinion in Darby Dev. Co., Inc. v. United States, No. 22-1929 (Aug. 7, 2024) (we
This one is a must-read.
In Darby Dev. Co., Inc. v. United States, No. 22-1929 (Aug. 7, 2024), the U.S. Court of Appeals for the Federal Circuit held that the Court of Federal Claims should not have dismissed Darby’s complaint for failure to state a physical invasion takings claim.
The short takeaways:
If you ever wanted a primer on the sometimes-confusing and seemingly arcane world of Rails-to-Trails takings cases, you would be hard-pressed to find a better example of the substantive law and the procedures in these cases than the Court of Federal Claims opinion in Nicholson v. United States , No. 23-843 (Mar. 13, 2024).
There’s
When it comes to the longstanding ALI-CLE American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conferences, we’re always ready to go. You know that. But this year’s version — the 41st — was buzzing like no other in recent memory.
Maybe it was the New Orleans venue with its atmo, food, and music for
Don’t miss out!
We promise: this is the last time we’re going to try to entice you to the upcoming ALI-CLE Eminent Domain & Land Valuation Litigation Conference in New Orleans. We are getting close to capacity, but there is still room. In recent years, we have standing room only in the Conference halls, and
“No need to ask, he’s a smooth operator…”
On Tuesday, January 16, 2024, the Supreme Court will hear arguments in a case we’ve been following closely because it involves the fundamental limitation on the sovereign power to take private property. In our system, the sovereign indeed has the power to take private property against the
