You already know that Associate Justice of the U.S. Supreme Court John Paul Stevens has announced his retirement from the Court. On that august occasion, we look back on his “takings” opinions.
One commentator, lawprof
Eminent Domain | Condemnation
Sunday Eminent Domain Round-Up
What we’re reading today:
- Curbing abuse of eminent domain – A Denver Post editorial on a new Colorado statute designed to limit the power of the government to declare farmland “blighted” (“The new law says land that has been classified by the county assessor as agricultural land cannot be condemned for urban renewal. However, it
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New Jersey Appellate Division: For Property To Be Blighted, City Must Do More Than Say It Is Blighted
By Robert H. Thomas on
In Cottage Emporium, Inc. v. Broadway Arts Center, L.L.C., No. A-0048-97T2 (Apr. 16, 2010) (per curiam), the New Jersey Superior Court (Appellate Division) struck down the city of Long Branch, New Jersey’s declaration that properties located in an area of the city known as the “Broadway Corridor” are blighted. The court held that the…
The Latest (Last?) Chapter In The Port Chester Condemnation
By Robert H. Thomas on
Posted in Eminent Domain | Condemnation, Property rights
The eminent domain issue grabbing everyone’s attention these days is the question of whether property can be taken — the Public Use/Kelo issue — and not the issue in play in the vast majority of condemnation cases, just compensation. The question of how much a property owner is entitled to under the U.S. and…
New Cert Petition: Is The “Undivided Fee” Rule Unconstitutional?
By Robert H. Thomas on
When is a lease that everyone agrees is worth more than a million dollars totally worthless? When it’s an eminent domain case and the court applies the “undivided fee” rule, that’s when.
Update: Professor Kanner adds his thoughts here.
Most eminent domain attorneys know about the infamous undivided fee rule (aka as the “unit…
New Hampshire Supreme Court Upholds Taking Of Private Water Works
By Robert H. Thomas on
Posted in Eminent Domain | Condemnation, Public Use | Kelo
The New Hampshire Public Utilities Commission properly approved the taking of private water works by the City of Nashua. In Appeal of Pennichuck Water Works, Inc., No. 2009-274 (Mar. 25, 2010), the New Hampshire Supreme Court concluded taking was in the public interest, and that it resulted in a net benefit to the…
NJ Law Journal’s Summary Of The Klumpp Oral Arguments (The “Bizarre Condemnation”)
Calling the case “tempestuous,” the New Jersey Law Journal (via law.com) summarizes this week’s New Jersey Supreme Court oral arguments in Klumpp v. Borough of Avalon,No. A-49-09 (certification granted Nov. 10, 2009). See Michael Booth, Town’s Taking of Beachfront Property Without Compensation Tested at Court (Mar. 24, 2010).
In Klummp v. Borough of Avalon…
NY Supreme Court (Appellate Division): Eminent Domain Can’t Be Used To Get Out Of A Contract
By Robert H. Thomas on
Posted in Eminent Domain | Condemnation, Public Use | Kelo
“Bust a deal and face the wheel.”
– Aunty Entity (Tina Turner) Mad Max: Beyond Thunderdome
You make a deal, you live with it. Or use legal means to try and avoid your obligations. But in New York, if you don’t like a deal and can’t get out of it, apparently you try to condemn…
Live Blog Of New Jersey Supreme Court Oral Argument In Klumpp v. Borough of Avalon (The “Bizarre Condemnation”)
Technology permitting, we are live blogging today’s oral arguments in Klumpp v. Borough of Avalon,No. A-49-09 (certification granted Nov. 10, 2009).
That’s the case in which the New Jersey Supreme Court is reviewing the decision from the AppellateDivision which held that the government can assert inverse condemnationin order to take property without compensation. (If…
Multimedia Round-Up
What we’re looking at and listening to today. Some video, some podcasts.
- First up is the video above from Reason.tv, Billionaires v. Brooklyn’s Best Bar: Eminent Domain Abuse & The Atlantic Yards Project
- A clip about the owner of what might be “the most condemned property in America.” It features a Virginia rancher whose property
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