Toby Prince Brigham
November 24, 1934 – March 19, 2021
We haven’t posted in a few days, because we’ve been busy with a sad but important task – traveling to Miami to pay our respects to a true giant in the field of property rights and eminent domain, Toby Prince Brigham.
After a long and
Here’s the Wisconsin Supreme Court’s 4-3 opinion in a case we’ve been following, Christus Lutheran Church of Appleton v. Wis. Dep’t of Trans., No. 2018AP 1114 (Apr. 1, 2021). Even though it was close, after oral arguments, we were hoping for a more positive result.
This is the case in which the
Check out the North Dakota Supreme Court’s opinion in Cass County Joint Water Resource District v. Aaland, No. 20200171 (Mar. 24, 2021). It’s a quick read, and worth your time.
North Dakota has one of those “precondemnation entry” statutes allowing a (potential) condemnor to enter private property to check it out to see if
Pop quiz: in eminent domain valuation proceedings, may an owner who is not qualified as an expert witness testify about the value of her or his own property?
If you said “yes,” most courts would agree with you, either as percipient witness testimony or as lay expert testimony. As would the U.S. Court of
You listened live. Or you missed that, and listened to the recording. Or, you preferred to review what others thought of the arguments. Now you can read it yourself.
Here’s the transcript of Monday’s oral arguments in Cedar Point Nursery v. Hassid, No. 20-107, the case in which the Supreme Court
In which we join the Pendulum Land Podcast (again, thank you hosts!) to talk about the Virginia Supreme Court’s recent opinion in Johnson v. City of Suffolk, the case we label the “oyster takings” case in which Hampton Roads oystermen claimed that their property was taken when the City of Suffolk and the Sanitation
Here are links to the summaries and analysis of yesterday’s oral arguments in Cedar Point Nursery v. Hassid, No. 20-107, the case asking whether California’s forbidding of agricultural property owners from keeping out union organizers is a taking:
Neutral
Here’s the recorded arguments.
Check out the unusual facts in the West Virginia Supreme Court of Appeals’ opinion in Scherich v. Wheeling Creed Watershed Protection and Flood Prevention Comm’n, No. 19-1065 (Mar. 15, 2021).
This started back in 1990, when the Commission instituted a condemnation action to take two parcels belonging to the Scheriches for a dam, as
Those statutes that require that if a condemnor doesn’t use property taken, that it must try and sell it back to the (former) owner seem like a pretty good thing. You have your property taken, but if the taker doesn’t actually need it or use it, hey you can get it back. Feels pretty good.