Eminent Domain | Condemnation

Yesterday, according to the coconut wireless, was the official last day on the Hawaii Supreme Court for Associate Justice Simeon Acoba. State court justices and judges face mandatory retirement at age 70, and Justice Acoba’s birthday is coming up in March.

While time marched on, so did the process for selecting his successor

Our Owners’ Counsel of America colleague William Blake, a partner in the Lincoln  office of Nebraska law firm Baylor Evnen, has put up a guest post on OCA’s Eminent Domain Law Blog about the TransCanada Keystone XL pipeline that recently saw a Nebraska trial court invalidating a state statute as unconstitutional. 

Bill writes:

Here’s the Answer Brief on the Merits, filed last week in the California Supreme Court in City of Perris v. Stamper.

That’s the case in which the court is considering whether, in the context of determining just compensation, the judge or the jury gets to decide whether a city’s exaction is something that

Here’s the Opening Brief on the Merits, filed last month in a very interesting and important case now pending in the California Supreme Court, City of Perris v. Stamper

Update: Answering Brief posted here

We reported on the Court of Appeal decision here. The court held that that in a condemnation action, the jury

One portion of the federal Uniform Relocation Act, 42 U.S.C. § 4651, requires Federal agencies participating in projects requiring the acquisition of private property to be guided by certain policies that “assure consistent treatment for owners . . . and . . . .promote public confidence in Federal land acquisition practices,” such as (and we’re paraphrasing

Looks like they’re at it again, a solution in search of a problem: a bill has been proposed in the Hawaii Legislature to create an “Environmental Court,” whose mission would be to handle “environmental disputes” arising under a wide range of state statutes:

…administrative proceedings and proceedings for declaratory judgment on the validity of agency

Looks like eminent domain and Hawaii are in the news today. Here’s what we’re reading:

  • In “Scalia the Prophet?” Gideon Kanner comments about Justice Scalia’s recent appearance at one of our almas mater, the University of Hawaii law school. Scalia says that Kelo will eventually be overruled (“it will not survive”). 
  • Lawprof Ilya

We often jokingly suggest that in eminent domain, “it’s good to be the King!” quoting that eminent eminent domain scholar Mel Brooks. We think this catchphrase aptly describes the “most awesome grant of power,” City of Oakland v. Oakland Raiders, 220 Cal. Rptr. 153, 155 (Cal. App. 1985), under which the condemnor

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One of the perks of attending the annual ALI-CLE Eminent Domain and Land Valuation conference (this year in New Orleans) is that in addition to 2 1/2 days of high-level CLE programming involving our favorite topic, you get to meet colleagues from across the nation (and internationally – expropriation lawyers from Canada were also with