Due process

Here’s a case about eminent domain and pipelines, but which focuses more on the court’s jurisdiction than on the eminent domain aspects.

In Ameren Transmission Co. of Illinois v. Hutchings, No. 122973 (Oct. 18, 2018), the Illinois Supreme Court held that Illinois circuit courts — that state’s courts of general jurisdiction — do not

20181002_154246_HDR (1)

Last week, the 15th Annual Brigham-Kanner Property Rights Conference saw the gathering of legal scholars, judges, lawyers, and law students at the William and Mary Law School to award the B-K Property Rights Prize to Cardozo lawprof Stewart Sterk, followed by a day-long conference focusing on Professor Sterk’s work and the latest developments in property

Our colleague and co-planning chair Joe Waldo was in town yesterday, so we walked through historic Williamsburg, Virginia (cradle of the Constitution and the Bill of Rights), to invite you to join us for the 36th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference (January 24-26, 2019, in Palm Springs, California).

As we wrote

20180126_111558_HDR

You’ve known for a while that Palm Springs, California, specifically the Renaissance Palm Springs Hotel (a resort facility, but right in town, so you will have many options for “off campus” activities like art museums, the aerial tram, golf, and whatever suits your fancy, and close-in to the Palm Springs Airport), is the venue

Photo

One of the problems with high-public-profile cases like the multiple challenges to the “Thirty Meter Telescope” up on the top of the Big Island’s Mauna Kea, is that when the court issues an opinion, the public focuses only on the result, mostly from a policy perspective. Who won? Did the court invalidate the TMT permits?

No surprises in the U.S. Court of Appeals for the Eleventh Circuit’s opinion in Checker Cab Operators, Inc. v. Miami-Dade County, No. 17-11955 (Aug. 6, 2018). As the caption suggests, this is another one of those takings claims brought by “traditional” taxicab operators against a local government for its refusal to keep ridesharing services

Here’s what we are reading (or listening to) this Tuesday:

20180717_135234_HDR

Here are the cases and other items I either spoke about or mentioned at today’s Transportation Research Board‘s 57th Annual Workshop on Transportation Law in Cambridge, Massachusetts:

Remember that case from earlier this year where the Hawaii Supreme Court held that for purposes of Hawaii’s Due Process Clause, the Sierra Club (any “person,” actually) has a property right in a “clean and healthful environment?”

We asked if that were the case, then what does that “property” right look like? For example, how