Readers: are you planning on attending tomorrow’s eminent domain conference at Fordham Law? Details here.
The agenda and faculty look very good. Speakers include Associate Justice James Catterson (N.Y. Appellate Division) (who wrote recently, “Unfortunately for the rights of the citizens affected by the proposed condemnation, the recent rulings of the Court of
George Mason U. lawprof Steven J. Eagle is familiar to regular readers of this blog for authoring the seminal treatise Regulatory Takings, now in its fourth edition. Talk takings and you will invariably be dealing with his scholarship.
Here’s the latest: Professor Eagle has recently posted a new paper, “Urban Revitalization and Eminent
More: Rick Rayl posts his thoughts on the case: “My Stipulated Eminent Domain Judgment Went Awry, and You’re Telling Me I Can’t Appeal.”
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When is a final judgment in a condemnation case not appealable? When the appellant agreed that the trial cout’s order resolved “all claims and issues” in
For anyone not watching the game, here’s your Sunday fix of items that do not involve football:
Remember Klumpp v. Borough of Avalon, 997 N.J. 390 (N.J. 2010)? That the case in which the New Jersey Supreme Court held that the six year statute of limitations on inverse condemnation claims did not begin to run until 2005, when the Borough began claiming that a taking occurred, even though it physically took
According to this site, several property owners in Tinicum Township, Pennsylvania, are subject to having their properties taken for expansion of the Philadelphia airport. One owner’s objection has taken an unusual form — he’s written a song about it. Check it out.
Delco Raaed from Delco Raaed on Vimeo.
According to this report, the Wisconsin Supreme Court has agreed to review Kelmm v. American Transmission Co., No. 2009AP2784 (Aug. 10, 2010) (a court of appeals’ decision we noted here). In that case, the court of appeals held that in order to obtain litigation expenses under a state statute which provides that
Check this out. The Hawaii Legislature is considering a bill requiring the State and the counties to take private roads, waterways, and water courses “upon request” of an adjacent landowner:
(a) Upon request by the owner of land adjacent to a privately owned highway, waterway, or watercourse, the State shall initiate condemnation proceedings for a
Hat tip: the Clancy Brothers‘ “They’re Moving Father’s Grave to Build a Sewer” (via Gideon Kanner). As we noted in our earlier post, life has imitated art: Chicago is seeking to take cemetery and move the graves in order to expand O’Hare airport.
As reported here (“High court ducks battle between
The ABA has announced the forthcoming publication of a new book by the State and Local Government Law Section: At the Cutting Edge 2010: Land Use Law from The Urban Lawyer, edited by my colleague Dwight H. Merriam, and which is “[a]n essential resource for practitioners, planning professionals and students, this book provides