In MB Financial Bank N.A. v. Brophy, No. 128252 (Sep. 21, 2023), the Illinois Supreme Court clarified that in non-quick take actions (aka straight takings), the date on which title transfers — which is the date on which the owner actually is deprived of the property — is when the owner is relieved of
Just Published – IRWA’s “Summary of Major Eminent Domain Cases & Legislation: Jan 1, 2023 – June 30, 2023”
Thanks to our co-authors for the latest issue of this recurring update.
The International Right of Way Association’s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.” (This is the “international” right of way association, so that last qualifier is important.)
And what is
ALI-CLE’s Eminent Domain & Land Valuation Litigation Conference (Feb 1-3, 2024, New Orleans): Why Attend? Here’s Why.
Why is it, you ask, that the ALI-CLE Eminent Domain & Land Valuation Litigation Conference (scheduled next February 1-3, 2024, in New Orleans) is an event that seems to be growing in popularity and attendance. In recent years, we have standing room only in the Conference halls, and have sold out the hotel block.
Register Now For The 20th Brigham-Kanner Property Rights Conference, Oct. 26-27, 2023
Early registration is a good thing because space is limited, especially at the Wren Building banquet on the 26th, at which the 2023 B-K Property Rights
Our Drive-Time Conversation About Hawaii Inverse Condemnation And Wildfires
On this morning’s drive-time program, we joined KHVH’s Rick Hamada about whether Hawaii might adopt California’s version of inverse condemnation liability in wildfire cases. We also tried to clear up a few misconceptions (gad, I used “disinformation,” a term I try to eschew).
Here’s the program description:
Inverse Condemnation and Maui Wildfires: A Conversation with
Owners’ Counsel Toby Prince Brigham Scholarship – Applications Being Accepted
Two years ago, Owners’ Counsel of America endowed a scholarship in the name of its founder, property rights advocate and trial lawyer Toby Prince Brigham (1934-2021). The scholarship is for a second- or third- year law student to attend the annual three-day ALI-CLE Eminent Domain and Land Valuation Litigation Conference (the upcoming Conference will be
Recognizing A Property Rights Icon: “Mentors, A Path to Fairness, and the Joy of Taking”
We recently attended the American Bar Association’s Annual Meeting in Denver to speak at the Section of State and Local Government Law’s program, “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power When SCOTUS Abandoned Review Under the Due Process and Contracts Clauses
CA11’s Eminent Domain Attorneys Fees Ruling Is Controlled By Prior Panel
The Eleventh Circuit’s short opinion (really short – 1.5 pages) in Sabal Trail Transmission, LLC v. 3-921 Acres of Land, No. 22-10435 (July 25, 2023), is straightforward: to resolve whether a Florida property owner subject to a private condemnor taking under the federal Natural Gas Act has a property right in attorneys fees and
Ohio S Ct Rejects Attempt To Import Regulatory Takings Ripeness Into Physical Takings
A short (but interesting) one from the Ohio Supreme Court. In State ex rel. Balunek v. Marchbanks, No. 2021-1469 (July 25, 2023), the court held that a physical takings claim alleging the DOT cut off access to property was ripe, even though the owner might have applied for permit to gain access.
As part
Ohio S Ct In Power-To-Take Case: Too Soon!
The latest in a case we’ve been following doesn’t get to the substantive issue: is a local park district authorized to take private property for a bike path when the statute authorizes takings for “conservation of natural resources?”
Instead, the Ohio Supreme Court dismissed the appeal for a familiar reason: lack of a final judgment.