Eminent Domain | Condemnation

Next week, power adapters and internet connectivity permitting, we’ll be blogging from the Brigham-Kanner Property Rights Conference at the Tsinghua University School of Law in Beijing, People’s Republic of China.

Admin note: We’ve added “Brigham-Kanner Conference” as a separate category to catalog the posts related to the Conference. In order to read all of the

We recently asked “Is Kelo A Conservative Issue?,” and the the Ricochet blog asked the related question “Is Eminent Domain a Civil Rights Issue?.” 

In that vein, check out the above video from Reason about one case where “redevelopment” certainly seems to have raised civil rights concerns.

Under Florida eminent domain law the property owner whose property is taken is entitled to attorney’s fees “based solely on the benefits achieved for the client.” The statute defines what “benefits” means:

As used in this section, the term “benefits” means the difference, exclusive of interest, between the final judgment or settlement and the last

Update: More thoughts on the apology from Gideon Kanner , the Queens, NY-based property owners’ blog Willits Point United, and from eminent domain scholar lawprof Ilya Somin.

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Comes word from Jeff Benedict, author of the Kelo book Little Pink House, via his blog and a story in the Hartford Courant

Thanks to the Rocky Mountain Appellate Blog for pointing out the Colorado Supreme Court’s recent opinion in The Glenelk Ass’n, Inc. v. Lewis, No. 10SC275 (Sep. 12, 2011), an important decision about the standard of proof in private-way-of-necessity condemnations. The court concluded that a property owner who claimed to be “landlocked” could not condemn

“Property rights” often are portrayed as belonging only to the rich and powerful and protecting only the politically connected. But as we recently were reminded, this is a very inaccurate picture because property rights — as the “guardian of every other right” — form the foundation on which all other rights rest

Worth reading: “Six Years of Separation: Life After Kelo” by Ethan Friedman, posted on Miller Starr’s web site. Mr. Friedman writes about the state of affairs in eminent domain at the macro level, noting the reactions in state legislatures and the US House of Representatives’ current consideration of the “Private Property Rights Protection