How much can a condemnor alter the scope of the taking before the good faith offer required by state law also needs to be re-done?
That’s the question the Wyoming Supreme Court resolved in EOG Resources, Inc. v. Floyd C. Reno & Sons, Inc., No. S-20-0013 (July 23, 2020).
There, the condemnor’s original
A pipeline needed private property. Did it wait until it had actually taken the property before it started to build the pipeline? No.
In Bayou Bridge Pipeline, LLC v. 38.00 Acres, No. CA 19-0565 (July 2020), the Louisiana Court of Appeal addressed a host of challenges:
This one is California process-specific, but we think the California Supreme Court’s opinion in Weiss v. People ex rel Dep’t of Transportation, No. S248141 (July 16, 2020), is still worth a read for you non-Golden Staters.
Why, you ask? Well, we all have been in the situation where, just before you are about to
In Altman v. Brevard County, No. 5D19-1839 (July 10, 2020), the Florida District Court of Appeal considered a host of owner objections to a taking of easements over five beachfront lots:
(1) the County was required to obtain separate resolutions for each taking; (2) the County’s petition in eminent domain did not strictly comply
I must say that am pretty chuffed that one of my (now former) William and Mary Law students published a law review article, and he wrote about…takings. And Blackstone, and history.
Read it: Andrew Parslow, A Defense of the Regulatory Takings Doctrine: A Historical Analysis of This Conflict Between Property Rights and Public Good and
Today’s case is a short one, but worth the short bit of your time it takes to read it.
In Borders-Self Storage & Rentals, LLC v. Ky. Transp. Cabinet, No. 2019-CA-000217 (July 2, 2020), the Kentucky Court of Appeals held that the assessed value of property for property tax purposes is admissible if the
Breaking! In H.C. Cornuelle, Inc. v. City and Cnty of Honolulu, No. 14068 (Haw. July 17, 1990), the Hawaii Supreme Court held that the City and County of Honolulu inversely condemned a strip of private property in downtown when it prohibited development and use of that land because the City intended to acquire it
Here’s the amicus brief filed yesterday in a Virginia Supreme Court case we’ve been following.
This is a case at the intersection of property and takings law, and environmental protection. Several Nansemond River oystermen own a lease from the state for the riverbed, which among other things, allows them to harvest some of the
Here’s the recording of last month’s Federalist Society’s Environmental Law & Property Rights Practice Group teleforum, “Just Compensation: A Suggestion or a Requirement?“
Can states unilaterally decide not to pay takings judgments? Some states think so. Louisiana and Florida have laws that say no takings
A private pipeline company obtained a certificate of public convenience from FERC. Under the Natural Gas Act, FERC may issue such certificates conditioned on the applicant meeting the Clean Water Act’s requirement of obtaining state environmental check off on the project. The pipeline needed an easement across Schuecker’s land, and began the condemnation process under