What’s up with that (sorta) snarky headline, you ask? After all, isn’t the PennEast v. New Jersey case, heard yesterday by the Supreme Court, a real honest-to-goodness eminent domain case about a pipeline?
Doesn’t the transcript show terms like “in rem,” “takings,” “eminent” and “eminent domain” were used a whole lot? Aren’t a lot of
We post the D.C. Circuit’s opinion in Ivanenko v. Yanykovich, No. 20-7033 (Apr. 23, 2021) more for its interesting fact pattern than the holding (which doesn’t tell us a lot about “takings” since is this is a case under the Foreign Sovereign Immunities Act, but hey, it did ping our “eminent domain” radar).
Two very interesting law review articles (essays) by well-known property experts are now available in the Notre Dame Law Review:
This In Chambers Order recently issued by a federal district judge may just be the most unusual, flat-out wild judicial opinion we have ever read.
Citing the Gettysburg Address, Brown v. Board of Education, systemic racism (including eminent domain) systemic sexism, and a slew of newspaper articles, the Central District of California (without even
Under a Massachusetts statute, local redevelopment agencies have the power to respond to “decadent, substandard, and blighted open areas” either by creating an urban renewal project (redeveloping an area pursuant to a “detailed” and “comprehensive” plan; the statute expressly includes the power of eminent domain for urban renewal projects), or by a “demonstration” development (a
Like a lot of jurisdictions, Kentucky allows (or requires upon demand) the jury to view property being taken by eminent domain. In Kentucky, it’s a matter of statute, which requires the court to allow a jury view upon the demand of any party, unless “unusual or extreme circumstances” are present.
Here are the amici briefs supporting the property owner’s cert petition in a case we’ve been following for a long time, Eychaner v. City of Chicago, No. 20-1214.
This is the one in which the Illinois courts concluded that Chicago’s desire to prevent “future blight” is enough of a public use to support
Come at me!
(Bolick, J., dissenting)
We have a Wexis alert for “Kelo,” because that’s one of the ways we keep up on the latest developments in this area. That alert doesn’t ping all that often, so we were all excited when yesterday, we received an alert notifying us of the Arizona Supreme
If you’re wondering what to do if, during the course of an eminent domain lawsuit or project, a condemnor (or anyone else with the power of eminent domain) invades, occupies, or affects more property than it acknowledges, check out the Indiana Court of Appeals’ opinion in Lake County v. House, No. 20A-PL-1675 (Apr. 14
Takings! Armstrong! Emergencies! Mahon! Jacobson!
Add lawprof Shelley Ross Saxer’s latest article (forthcoming in the University of Hawaii Law Review), “Necessity Exceptions to Takings” to your reading list.
Rather than summarize it for you, we’ll just post the abstract:
The doctrine of necessity has strong roots in
