Austin, Texas, is where we’re at for the next few days, for the 2016 edition of the American Law Institute-CLE Eminent Domain and Land Valuation conference, now in its 33d year. First time we’re in Austin, however, and our registration numbers are looking very good, and we haven’t had this big a turnout in years.
Court of Federal Claims | Federal Circuit
Amicus Brief: Congress Cannot Bar Property Owners From Vindicating Right To Just Compensation
Here’s the amici brief filed last week by the Cato Institute and the National Association of Reversionary Property Owners in Resource Investments, Inc. v. United States, No. 16-802. That’s the case in which the property owner is claiming that the delay in issuing Clean Water Act permits was so extraordinary, it was a …
Amicus Brief: Applying Civil War-Era Statute To Toss Federal CFC Takings Claims “Gives Credence To The Belief That ‘The Law Is An Ass.'”
Here’s the amicus brief we filed today in support of the Petitioner/property owner in Resource Investments, Inc. v. United States, No. 16-802. That’s the case in which the property owner is claiming that the delay in issuing Clean Water Act permits was so extraordinary, it was a temporary taking. Ultimately, the Federal Circuit …
Fed Circuit On Rails-To-Trails Class Action Attorneys Fees, The Uniform Relocation Act, And A Possible Circuit Split
After the usual preliminaries — certification of a 253-member class, subclass certifications, discovery, and motions and cross-motions for summary judgment — the parties in a rails-to-trails takings case in the Court of Federal Claims mediated the dispute and ended up agreeing to $110 million plus interest as just comp for the property taken, and slightly…
More On The Upcoming ALI-CLE Eminent Domain Conference (Austin, Jan 28-30, 2016)
Here’s our second day of highlights from the upcoming American Law Institute-CLE Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, which will be held in Austin, Texas, from January 28-30, 2016.
This is the first time the conference has been to Austin, and we’re hoping for a good turnout. Here’s the full…
Counting Down To The ALI-CLE Eminent Domain Conference (Austin, Jan 28-30, 2016)
We’re exactly one month away from the 2016 Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, which runs from January 28-30, 2016, in Austin, Texas.
Together with our friends and colleagues Joe Waldo, Jack Sperber, and Andrew Brigham, we think we’re put together a pretty good program that covers a lot of…
Fed Cir: Claim That BLM Suspension Of Oil And Gas Leases Was A Taking Isn’t Ripe Because BLM Didn’t Really Suspend The Leases
When we hear the word “trona,” we think of Trona, California, a hardscrabble San Bernardino County town near Death Valley.
We just thought we’d get that out of the way, because today’s case from the Federal Circuit, Barlow & Haun, Inc. v. United States, No. 15-5028 (Oct. 9, 2015), doesn’t involve…
New Cert Petition: Federal Circuit Expanded § 1500’s Jurisdictional Bar
One for all you Court of Federal Claims mavens: a new cert petition, filed On Wednesday, that once again puts front and center 28 U.S.C. § 1500, the statute which bars the CFC from hearing claims that are “pending in any other court” against the United States.
The statute was last interpreted…
Fed Cir On Judicial Estoppel, The Tucker Act Shuffle, And Penn Central
One for all you civil procedure and jurisdiction wonks. The background facts are a bit detailed, so please bear with us.
Normandy Apartments in Tulsa, Oklahoma made a series of agreements with the federal government: in return for Normandy agreeing to rent to low-income Section 8 tenants and maintain the premises, the Department of Housing…
CFC: Terrorism Victims Properly Alleged Their Judgments Against Libya Were Taken By Govt Settling Claims By Agreement
In 1989, agents of the Libyan government blew up a plane of civilians, killing 170 passengers and crew. Victims’ families brought suit against the Socialist People’s Libyan Arab Jamahiriya in U.S. District Court in D.C. for damages, and after winning summary judgment, the court entered judgments totaling approximately $1.3 billion. Libya appealed to the…


