Not too long ago, we posted the Fifth Circuit’s panel opinion in a case where the court held that there’s nothing a federal court can do if a local government does not pay a state-court just compensation judgment. We filed an amicus brief in that case arguing “[t]he Takings Clause does not permit the Sewerage
What Can A Property Owner Do When A Condemnor Doesn’t Pay? (Fifth Circuit: Nothing)
Here’s an issue that we’ve been following for a while. What will a court do when a condemnor is ordered to pay (the property owner has a judgment in hand), but the condemnor says “no thanks”?
The latest incarnation is the U.S. Court of Appeals’ opinion in Ariyan, Inc. v. Sewerage & Water Board
OK: Inverse Is A Two-Way Street – Utility Has Eminent Domain Power, So Is On The Hook For Inverse
When you are building a sewer, grading is important. Otherwise, the stuff might not “flow” correctly, if you get our drift. Okay Public Works Authority built a sewer, and guess what? “The work performed by OPWA caused extensive damage” to private property, and the “lines installed by OPWA had not been properly graded.”
Not good.
New Article: Common Sense and Common Law: Defining “Property” in Cedar Point v. Hassid
Thank you to the editors over at The Practical Real Estate Lawyer for publishing my missive on Cedar Point Nursery v. Hassid, the U.S. Supreme Court’s recent blockbuster regulatory takings decision (and for letting me post a copy of the article here so it is available even if you are not a PREL subscriber).
IRWA’s Summary Of Major Eminent Domain Cases & Legislation (June-Dec 2021)
Check this out: 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 really nice is that they make the report available
2022 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Scottsdale: You Should Have Been There!
After a two-year absence in which we went remote, in the last week of last month (our usual spot on the calendar, between the playoffs and Super Bowl), we once again met in-person for the American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference.
Approximately 200 lawyers, judges, legal scholars, appraisers, law students
New Article: “‘Equitable Compensation’ as ‘Just Compensation’ for Takings” (Brigham-Kanner Property Rights Journal)
An article, from the just-published issue of the Brigham-Kanner Property Rights Journal, about a rarely-covered academic topic, just compensation.
Brian A. Lee (Brooklyn), “Equitable Compensation” as “Just Compensation” for Takings, 10 Brigham-Kanner Prop. Rts. J. 315 (2021).
Here’s the Abstract:
The Fifth Amendment’s requirement that the government pay “just compensation” to owners of
The Circle Is Now Complete: A Sampling Of Final Paper Topics From William and Mary Law’s Eminent Domain & Property Rights, And Land Use Courses
If you ever get the opportunity to teach in a law school — either as a full-time legal scholar, or part-time as an expert adjunct practitioner — take it if you can. You might think you know a lot about a particular subject, but there’s nothing like spending time at the lectern in a law
Episode 80, Eminent Domain Podcast: Holiday Special (And ALI-CLE Conference Preview)
The latest episode of Clint Schumacher’s Eminent Domain Podcast has dropped.
A Holiday Special in which Dave Arnold, Kristen Bennett, Ivy Cadle, Anthony DellaPelle, Carolyn Elefant, Clint Harbour, Justin Hodge, Patrick McCallister, Richard Rothfelder, and Adam Sanders share their seasonal traditions.
We also visit with Clint for a preview of the upcoming ALI-CLE Eminent Domain
Shane Rayman On Expropriation And Compensation In Canada
You probably already know our Toronto friend and colleague Shane Rayman. He’s the lawyer responsible for the fascinating Supreme Court (Canada, naturally) decision in Antrim Truck Centre, wherein the Court recognized that under the Expropriation Act, Ontario had an obligation to compensate a property owner for “injurious affection” even though the highway project