Here’s the recording of the Federalist Society’s Environmental Law & Property Rights Practice Group teleforum we did a couple of weeks ago, “COVID-19 & Property Rights: Do Government Actions in Response to the Coronavirus Pandemic Create Compensable Takings?” Stream above, or download it here.
In Virginia, Where The Baffled Courts Now Compose “Major” vs. “Minor” Streets
Here’s the latest in a case we’ve been following (briefs here, and oral argument recording here).
Any eminent domain lawyer will tell you that loss of access cases can be difficult. In some jurisdictions, you have to lose all access before the court will consider you harmed. Or the courts see a
In Virginia, Where The Courts Choose The Streets’ Names: Major Or Minor
Any eminent domain lawyer will tell you that loss of access cases can be difficult. In some jurisdictions, you have to lose all access before the court will consider you harmed. Or the courts see a difference between a loss of “direct” access versus “circuitous” access. All we know is that from an owner’s perspective
OK: Private Pipeline Company Is Like A Government: It Cannot Contract Away Its Right Of Eminent Domain
In Natural Gas Pipeline Co. of America LLC v. Foster OK Resources LP, No. 118,185 (May 5, 2020), the Oklahoma Supreme Court upheld the necessity of a taking of an easement across private property by a private pipeline company that possessed a FERC certificate of public convenience. Nothing too surprising there. The bar for
Things I’ve Learned (Am Learning) About #CoronavirusLaw
Our shut-in time has got us to thinking.
We’re all environmentalists now. This is the precautionary principle writ large. In a way, this is only part of a greater problem.
Welcome to the Twitterverse. We now have access to a vast amount of data — very often on a granular level — and this moves
Ky App: Condemnor Can Choose Between Cemetery And Oak Tree, Same As It Ever Was (and there’s no necessity to tie a yellow ribbon round the old oak tree)
In Allard v. Big Rivers Elec. Corp., No. 2019-CA-000486 (May 15, 2020), the Kentucky Court of Appeals made short work of each of the property owner’s arguments objecting to a taking of land for a electric-transmission corridor, and we won’t go through each contention here.
But that one that we will mention briefly
Private Condemnor: We’re A “Railroad” Because We Promise To Be A Railroad In The Future
Texas Court of Appeals in Texas Central RR & Infrastructure, Inc. v. Miles, No. 13-19-000297 (May 7, 2020): sounds good.
We were going to write up this case, when Tiffany Dowell Lashmet (author of the fabulous Texas Agricultural Law Blog) posted her analysis: “Appellate Court Finds High-Speed Rail Meets Required Definitions for
Three New Property And Takings Articles From William & Mary Law Review
Looking for some property and takings scholarly reading while you cool your heels at home? Well, the William and Mary Law Review has recently published no less than three worthy pieces, all available for download.
- Charles D. Wallace, When (and Why) the Levee Breaks: A Suggested Causation Framework for Takings Claims That Arise From Government-Induced
Join Us This Week: May 12-14, 2020 For (Virtual) Land Use Institute Webinar Series
Join us starting tomorrow, Tuesday, May 12, 2020 for the 34th Land Use Institute. Originally scheduled for April in Tampa, we obviously couldn’t do tha, so we did the next best thing — moved this venerable course online. The Planning Chairs (Frank Schnidman and Dean Patricia Salkin) have assembled the usual hot topics session
Two More Complaints Challenging Shut-Down Orders As Takings (Md, Nev)
“The Cornfield” at Antietam
Two more complaints that challenge state-ordered shut-down orders as takings. The first from Maryland, the second from across the country in Nevada. These join an ever-growing list of such lawsuits. See here, here, here, here and here, for example.
We set out what we think