Eminent Domain | Condemnation

Bulldozersatyourdoorstep

Our Owners’ Counsel of America colleague Michael Rikon and his law firm have launched a new blog, “Bulldozers at Your Doorstep – A National Blog on Eminent Domain.”

The blog will give us Michael’s and his colleagues’ view of eminent domain and condemnation issues from their unique New York perspective, from lawyers who

Here’s what we’re reading on this Tuesday-after-a-long-weekend:

  • Economic Impact in Regulatory Takings Law,” a forthcoming article by lawprof Steven J. Eagle about one of the prongs of the Penn Central takings test. Professor Eagle “concludes that unresolved issues and complexities in adjudicating the ‘economic impact of the regulation on the claimant’ test provide

Mark your calendars: on Thursday, February 21, 2013, James Burling, director of the Pacific LegalFoundation and principal attorney at PLF’s Property Rights practice group and U. Hawaii lawprof Maxine Burkett willdiscuss “Do Property Rights Matter When The Environment IsGoing To Hell In A Handbasket?

The forum — presented by the EnvironmentalLaw Program

You may remember the opinion of the New York Appellate Division in 49 Wb, LLC v. Village of Haverstraw, 839 N.Y.S.2d 127 (N.Y. App. Div. 2007), in which the court held that a taking of private property for affordable housing was an improper use of eminent domain because “the Village invoked its power of

If you are a member of the ABA, mark your calendars for Tuesday, February 26, 2013, noon to 1:00 p.m. Eastern Time, for a free teleconference jointly sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee to discuss the latest and greatest in takings law

Worth listening: a 17-minute podcast by Professor Richard Epstein, with his thoughts — apparently without a script and seemingly in a single breath — on the oral arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). 

Download the mp3 here. If that doesn’t work, go

Marinerscoveneworleans

In United States v. 0.073 Acres of Land, No. 11-31167 (Jan. 28, 2013), the U.S. Court of Appeals for the Fifth Circuit held that a townhome association’s right to collect maintenance assessments from its members was property under Louisiana law, but was not compensable property in an eminent domain action.

The case involved a

The Castle,” the comic tale of Darryl Kerrigan and his efforts to protect the family home at “3 Highwview Crescent, Coolaroo” from “compulsory acquisition” (Australia’s version of eminent domain), has made it to Netflix‘s streaming service.

This is Miramax’s U.S. edit which contains a few differences from the

Didn’t the California Supreme Court already deal the final blow to California’s redevelopment agencies when it held that the state legislature could eliminate redevelopment agencies without violating the California Constitution because what the lege giveth, the lege may taketh away? In California Redevelopment Association v. Matosantos, No. S194861 (Dec. 29, 2011) the court upheld