If you knew nothing about a case except that it was public use challenge to a redevelopment condemnation in New York, you’d be on firm footing if you guessed the outcome was not going to be favorable to the property owner. New York, after all, is what one colleague called the worst in the nation
Pennsylvania: To Be Liable For Inverse Condemnation, Taker Need Not Have Eminent Domain Power
Here’s how the Pennsylvania Supreme Court stated the issue in Hughes v. UGI Storage Co., No.J-69A-2021 (Nov. 29, 2021):
In these consolidated appeals, we consider the Commonwealth Court’s holding that, to be held liable for damages under Pennsylvania’s inverse condemnation statute, an entity must be clothed with the power of eminent domain – not
Indiana App: Even When Federal Agency Steps Into The Shoes Of A Local Redevelopment Agency, It Has To Follow Local Rules
Like a lot of things in Gary, Indiana, the Housing Authority was “troubled.” So troubled, the feds took it over. The Housing Authority received big money from the feds, and was required to agree to an annual contribution agreement, by which the Authority ok’d a HUD takeover in the even of the Authority’s substantial
Still Time To Sign Up For Northwestern L. Rev.’s Symposium: “Reimagining Property Rights in the Era of Inequality” (Friday, Nov. 12, 2021)
“This year, the Northwestern University Law Review presents a symposium on property and inequality, which brings together scholars of legal history, property, tax, land use, fair housing, environmental law, natural resources and water rights, family law, education, and constitutional law, to highlight new scholarship at the intersection of these fields.”
CA6: City Park Causing Public To Use Private Roads Not A Taking Because Owner Can Erect Roadblock
We thought we posted the U.S. Court of Appeals for the Sixth Circuit’s recent opinion in a takings case, Golf Village North, LLC v. City of Powell, No. 20-4177 (Sep. 23, 2021), earlier, but a search of the blog reveals we did not, so here we go.
The City built a new 23-acre
Join Us – Wed, Nov 3, 2021 (8pm ET) – Eminent Domain & Right-of-Way Club
Please plan on joining us next Wednesday, November 3, 2021, at 8pm ET for the next gathering of the Eminent Domain and Right of Way Club, a social media gathering spot “geared toward right of way professionals as well as anyone interested in the acquisition of land rights for infrastructure projects.” Register for the
Links And Materials From Today’s Land Use Institute Takings/Eminent Domain Session
LUI Co-Chair Prof. Frank Schnidman introducing the faculty
Here are the links to the cases and issues that we just finished speaking about at the 35th Annual Land Use Institute (more information on the LUI here). Today was day 1 of a multi-day remote program and the sessions are available ala carte, so there’s still
Seeking Justice Through Just Compensation: 2021 Brigham-Kanner Property Rights Conference
Joe Waldo leading off the Conference with a remembrance of
Toby Prince Brigham, for the eminent property rights practitioner
for whom the Conference is named.
I was honored to speak today at the 2021 Brigham-Kanner Property Rights Conference, and here’s a rough transcript of my remarks.
Seeking Justice Through Just Compensation
Dean Spencer, Professor
2021 Brigham-Kanner Property Rights Conference (Sep. 30 – Oct. 1, 2021) – Still Time To Join Us
There’s still plenty of time to register and join us for the 18th Annual Brigham-Kanner Property Rights Conference at the William and Mary Law School, Thursday and Friday, September 30 and October 1, 2021.
Yes, you may attend in-person, or remotely. The registration fees are very reasonable, ranging from $0 (yes, free!) to $200
New Article: Lawprof Lee Anne Fennell – “Escape Room: Implicit Takings After Cedar Point”
Check this out, the latest from lawprof Lee Anne Fennell, her thoughts on the Supreme Court’s Cedar Point decision, “Escape Room: Implicit Takings After Cedar Point,” forthcoming in the Duke Journal of Constitutional Law & Public Policy.
Here’s the abstract:
In the June 2021 case of Cedar Point Nursery v. Hassid, the