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
Here’s what we’re reading today:
Under many (most?) state eminent domain schemes, if a property owner withdraws the condemnor’s deposit prior to the judgment of condemnation, the owner waives — or, more technically, forfeits — the ability to challenge public use and necessity.
Vermont is no different, and under its statute, waiver is triggered by the owner’s “acceptance and
The New York Supreme Court Appellate Division’s opinion in HBC Victor LLC v. Town of Victor, No. 23-01347 (Mar. 22, 2024) marks the second time the issue of whether the Town can seize HBC’s property by eminent domain.
The first time out the court shot down the taking, concluding that it lacked a valid
Check this out. Friend and colleague Steve Davis has authored “Eminent Domain, the Fifth Amendment Takings Clause, and the Rule of Law,” 88 Social Education J. 1 (2024).
As summarized on the Federal Takings blog:
Steve explains the rights guaranteed by the Fifth Amendment to the Constitution and focuses on its critically-important