Here’s the latest in a case we’ve been following.
Our friends at the Institute for Justice have filed this cert petition asking the Supreme Court to take up the case where a New York town eminent domained the Brinkmann property for a public park.
What’s wrong with that, you ask…isn’t a public park a
This one is about Robert Moses. Yeah, that guy. You may think you know the story, but even if you do, it will be worth your time to listen to this episode of Dave and Kristen’s Infrastructure Junkies podcast. You will probably learn something new like me.
Here’s the pod’s description of the episode:
This is a must-listen, the latest episode of John Ross’s Bound by Oath podcast. This season is covering property rights, and this episode details Berman v. Parker, which may be the first case in what we’ll call the “modern era” where the Supreme Court set the judicial hands-off tone for public use challenges.
The
Here’s the latest in an issue we’ve been following.
In SCS Carbon Transport LLC v. Malloy, No. 20230149 (May 30, 2024), the North Dakota Supreme Court held that that’s state’s statute which allows prospective condemnors to enter land to conduct surveys and the like before instituting eminent domain without liability is not unconstitutional
Please be sure to check this out: a new animated film, “Love of the Land,” which “highlights [the] tragic story of Vermont farmer Romaine Tenney.”
You remember Mr. Tenney, who was one of those classic Vermonters. He tragically entered the pages of history more than fifty years ago when, in reaction
Check out the U.S. Court of Appeals for the Fourth Circuit’s opinion in Mountain Valley Pipeline, LLC v. 8.37 Acres of Land, No. 23-1532 (May 14, 2024).
The caption tells you it is a federal eminent domain case, specifically the Mountain Valley Pipeline, a very controversial and much-objected-to natural gas pipeline in the Virginias.
Here’s one we’ve been meaning to post for a while, the Ontario (Canada) Land Tribunal’s opinion in 13538 Ontario Inc. v. City of Stratford, No. OLF-22-002455 (Jan. 11, 2024), where the court resolved a dispute between the parties in an expropriation (eminent domain) case over which owed the other costs.
Now that isn’t our
Our friends Kristen and Dave at the Infrastructure Junkies Podcast are doing what we hoped they would: they’ve convinced Clint Schumacher to appear as a guest and reflect on his Eminent Domain Podcast, which has produced its final episode:
The popular Eminent Domain Podcast signed off after a successful six year run. The
The winner takes it all
The loser’s standing small
Beside the victory
That’s her destiny
Note: this is the first of a short series of posts on the U.S. Supreme Court’s recent decision in Devillier v. Texas.
In Part II, we’ll cover the case, the procedural path that Texas dragged everyone through,
Hugo Grotius, aka Hugo de Groot,
born this day 441 years ago, April 10, 1583.
Author of the treatise “De Jure Belli et Pacis” (1625) — perhaps fittingly books about war and peace — which first used the phrase “eminent domain” to describe the sovereign power to forcibly acquire private