We’re seeing a lot of “end of year” and “end of decade” wrap-ups, so figured we’d better chime in.
As the above graphic hints (this is detail of the doors of the U.S. Supreme Court), our biggest case of 2019 (and probably of the twenty-aughts) is Knick v. Township of Scott
If you get this, you need to attend the 37th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference, January 23-25, 2020, in Nashville.
And if you don’t get this, you need to attend more.
Quick quiz: a taking of private property for a public flood protection property is a “public use,” right?
Yes, but that wasn’t quite what the property owner had a problem with in a recent decision from the North Dakota Supreme Court, City of Fargo v. Wieland, No. 2019-153 (Dec. 12, 2019).
Rather, it was
This time last week, we were sitting in the North Carolina Supreme Court’s (very beautiful) courtroom, above, having just observed oral arguments in a case we’ve been following for quite a while, Chappell v. NCDOT, No. 51PA19 (docket here).
This case is the follow up (after remand) of the N.C. Supreme Court’s
Here’s the amicus brief we filed yesterday in a public use case we’ve been following that asks whether pretext and private benefit are irrelevant as long as the condemnor invokes a “classic” public use. In this case, the Colorado Supreme Court overturned the court of appeals’ conclusion that even though the purported purpose of the
Here’s one where you have to stop and pause and ask “why?” Because most of the time, you’d think that an offer to the property owner made by DOT that included more compensation than DOT’s own appraisal recognized would be a good thing.
Apparently not here: DOT’s appraiser opined that the owner incurred no severance damages
Yesterday, our friends and colleagues at the Institute for Justice (Diana Simpson and Bob McNamara) welcomed us to their studios to record an episode of the “Short Circuit” podcast.
We talked property, takings, Virginia oysters, the cert petition about Colorado eminent domain abuse, and how the Supreme Court of the
Here’s decision we’ve been anticipating in a case and issue we’ve been following for a while, the question of whether private utilities can be held liable under an inverse condemnation theory for much of the damages caused by the recent California wildfires.
Short story from the Northern District of California Bankruptcy Court: yes, private
Following up on the petition, filed last Friday, asking the Virginia Supreme Court to review a trial court’s demurrer which failed to recognize that the owners of a state lease to harvest oysters in the Nansemond River have a property interest . The court concluded that the city and santitation district possess a superior