Following up on our post earlier this week with our amicus brief, here are the remainder of the briefs filed in the Federal Circuit in a case in which the government is asking the court to bypass panel hearing and go straight to en banc review of a Court of Federal Claims opinion which
Federal Circuit: Owner Should Have Brought Takings Claim In 1959
When an opinion starts off like this, you just want to read the rest, even if the substance of the decision is about statutes of limitations:
This case arises from Mr. Abbas’s complaint against the United States (“U.S.” or “the Government”) in the Court of Federal Claims for an alleged taking of his property rights
Monday Round-Up: Food Takings; Honolulu And Nebraska Takings; Property Rights And The Environment
Here’s what we’re reading today:
- Raisin redux: “Uncle Sam took this farmer’s raisins, and now he wants his money.” No, this isn’t the third time for the Horne case, but a new case seeking just comp in the Court of Federal Claims. Read the story from McClatchy. We’ll post the CFC’s opinion in
Amici Brief: On Unsettled Questions Of State Law In Takings Cases, Federal Courts Shouldn’t Guess
Here’s the follow up to that cert petition we recently posted. In Romanoff v. United States, 815 F.3d 809 (Fed. Cir. 2016), a rails-to-trails case, the Federal Circuit was confronted with a question about how New York property law treated an easement. In that case, the easement was granted for railroad purposes, and
New Cert Petition: When Faced With A Question Of State Property Law, Should A Federal Court Make Its Best Guess?
Here’s the latest in a case we’ve been following (because we filed an amicus brief in the Federal Circuit in support of the property owners, and will be filing a brief in support of the cert petition).
This is the case about New York City’s “Highline,” the abandoned elevated rail line which was converted into
Details: ALI-CLE Eminent Domain And Land Valuation Conference – San Diego, January 26-28, 2017
We’ve teased some of the details on the 2017 ALI-CLE Eminent Domain and Land Valuation Litigation and Condemnation 101 Conference, to be held at the Westin San Diego, January 26-28, 2017, but here are the details you’ve been waiting for.
This is the “big one,” our annual 3-day festival of all things eminent domain
Links And Notes From Today’s Las Vegas Eminent Domain Seminar
During. Good crowd.
Before. Note the power strips on the tables.
Well played, Caesar’s, well played.
To supplement your written materials, here are the decisions and other materials which we spoke about this morning at the CLE International Eminent Domain seminar:
New Article: “Theory and Misuse of Just Compensation for Income-Producing Property in Federal Courts: A View From Above the Forest”
A new article worth your time by economist William Wade, “Theory and Misuse of Just Compensation for Income-Producing Property in Federal Courts: A View From Above the Forest,” 46 Tex. Envtl L. J. 139 (2016).
Bill is familiar to regular readers, as he has been a frequent guest poster, and a prolific
New Cert Petition: Does The Court Have To Say Why (And How) It Cuts Down A Property Owner’s Attorney Fee Recovery?
On one hand, we don’t care for attorneys’ fee fights. They are satellite litigation, almost always after the merits have been resolved. They can get tedious (does anyone like going over years of timesheets and billing records, and haggling over whether a motion should have reasonably taken 1 hour or 5 hours?), many judges don’t
Pirate Of The Carribean: Govt Claiming Ownership And Clouding Title Is A Physical Taking
We’re not going to go into much detail about the Court of Federal Claims’ ruling in Katzin v. United States, No. 12-384L (July 15, 2016): (1) it’s long (44 single-spaced pages), (2) it’s a post-trial ruling and not from an appellate court, and (3) we’re busy today.
But we still recommend you read it