The Summer 2012 issue of the Urban Lawyer, the law review published quarterly by the ABA’s Section of State and Local Government Law and UMKC law school is now available on-line, and includes my short article on the latest developments in public use in eminent domain law.
To download your copy, click here.
It’s time for the annual ALI-CLE (fka ALI-ABA) eminent domain conferences, to be held January 24-26, 2013 in Miami Beach, Florida.
In the “advanced” course, Eminent Domain and Land Valuation Litigation, we’ll be covering topics such as “Condemning Underwater Mortgages,” “An Engineer’s Role in Damage,” “How To Develop and Implement a Business Plan for
A quick one from the California Court of Appeal (Third District), holding that a trial court in an eminent domain case should not have granted the condemnor’s motion in limine, but should have allowed the property owner’s appraisal expert to testify regarding comparble sales. County of Glenn v. Foley, No. C068750 (Nov. 26, 2012
Check out New York Central Lines, LLC v. State of New York, No. 2011-03494 (Dec. 19, 2012), a short opinion from the New York Supreme Court Appellate Division (Second Department) (if you didn’t know that in New York, the trial court of general jurisdiction is the “Supreme Court,” and the intermediate court of appeals
Well, this is unusual, althought it should not be.
In this short order, the Supreme Court of Ohio has held the state’s Department of Natural Resources in contempt for not moving fast enough to compensate property owners whose land had been flooded. (In California, that would be called “normal planning delay.”)
In
In the nearly eight years since the Supreme Court’s infamous decision in Kelo v. City of New London, the Court has yet to provide any clarification about what it meant when it said that a taking will not survive public use analysis when the proffered justification is a pretext to private benefit. Despite massive
Here’s what we’re reading today:
China again. And this time, the holdout is not going to die (what we fear happens to those who dare object there), but is already gone. According to this story (more photos inlcuded), “Developers bought a cemetery and paid villagers to relocate the remains of their loved ones. All except one. The grave has
Gideon Kanner recently asked “Whatever Happened to Condemnation of Underwater Mortgages?”
Watch this November 23, 2012 interview with the chairman of Mortgage Resolution Partners for the views from the outfit that proposed the idea of using eminent domain to take underwater mortgages. He says the idea is “not dead at all … but
In California, a property owner whose business suffers when the land is taken is entitled to goodwill under the state’s eminent domain code, and has the right to have a jury determine the amount of goodwill. But who makes the call when there’s a dispute about whether there’s any goodwill at all?
According to the