Here are what others are saying about Supreme Court’s recent ruling in Tyler v. Hennepin County, No. 22-166 (U.S. May 25, 2023), the case in which the Court unanimously held that the county’s keeping the excess equity in Ms. Tyler’s home over what she owed in property taxes and fees is an uncompensated taking
Unanimous SCOTUS: “state law cannot be the only source” Of Property Rights, And “traditional property law principles” As Enforced By The Takings Clause Play A Role
We’ll be rendering unto Caesar, but first we must
decide: classic or creamy?
That was quick: it seems like it was only yesterday — or maybe more accurately, less than a month ago — that we were listening in live to the Supreme Court as it heard arguments in Tyler v. Hennepin County, No.
Mass SJC: Big Dig Can’t Squeeze New Easement Into An Old One: Easements Taken By Eminent Domain Are Interpreted Like Every Other Easement
Check out this one from the Massachusetts Supreme Judicial Court, Smiley First, LLC v. Dep’t of Transportation, No. SJC-13300 (May 23, 2023). [But first, a disclosure: our law firm filed this amicus brief in support of the property owner.]
Now that that is out of the way, here’s the case.
Back in 1991, MassDOT’s
Iowa Trial Court: Pipeline Precondemnation Entry Statute Is Facially Unconstitutional
When a court’s opinion (even a trial court’s opinion) starts out with the epigram, “‘Freedom and property rights are inseparable, you cannot have one without the other.’- George Washington,” you know you are in for a ride.
So begins the opinion of the Clay County, Iowa District Court in Navigator Heartland, LLC v.
Condemnation 101: Preparing & Presenting an Eminent Domain Case Webcast (May 18, 2023)
Missed out on the 2023 ALI-CLE Eminent Domain and Land Valuation Litigation Conference back in February in Austin, and the legendary “Condemnation 101” track?
Well, here’s your chance to get the knowledge. On May 18, 2023, ALI-CLE is going live with a rebroadcast of that program, including real-time Q & A
SCOTUS GVR’s Pipeline Cert Petition On Delegation Of Eminent Domain To Private Parties
In this Order, the Supreme Court granted this cert petition which presents these questions:
Whether a facial challenge to Congress’s delegation of eminent domain power to private parties is properly filed in district court, as this Court held in PennEast Pipeline Co. v. New Jersey, 141 S. Ct. 2244 (2021), or with FERC
Tyler SCOTUS Takings Argument Round-Up
Our Pacific Legal Foundation Property Rights Litigation Tyler team,
and Counsel of Record Christina Martin (second from right)
Here are your links to the buzz about Tyler v. Hennepin County, No. 22-166, our law firm’s case which argues that Hennepin County’s seizure of Ms. Tyler’s condo and then keeping the excess equity over what
Today’s Takings SCOTUS Oral Argument Transcript And Recording: Tyler v. Hennepin County
Coffee is for closers.
(Yes, we were up and at the desk at 4 a.m. local time
to listen live. We just needed a direct injection of coffee.)
Here is the transcript, and the audio recording of today’s U.S. Supreme Court arguments in Tyler v. Hennepin County, No. 22-166, our law firm’s case
Hawaii Supreme Court To Hear Major Severance Damages Appeal In Rail Takings Cases
Update: the court has rescheduled the arguments to June 22, 2023, at 10 a.m.
The Hawaii Supreme Court has scheduled oral arguments in an important eminent domain case about severance damages for the Honolulu Rail Authority’s condemnation of land in Honolulu for one of its stations (assuming, of course, that the under-construction rail line actually
Condemnation 101 (2023), Redux
Missed out on the 2023 ALI-CLE Eminent Domain and Land Valuation Litigation Conference back in February in Austin, and the legendary “Condemnation 101” track?
Well, here’s your chance to get the knowledge. On May 18, 2023, ALI-CLE is going live with a rebroadcast of that program, including real-time Q & A