Pay special attention to Justice Breyer’s questioning of Ms. Knick’s counsel, Dave Breemer. Yes, oral argument is the Court’s time to do with as it wishes, but was Justice Breyer actually trying to get at anything, or just running out the clock with a questions that didn’t seem to have any point. Does he really
Knick Post-Argument Round Up
There’s been a lot written after the Supreme Court heard (re)arguments earlier this week in Knick v. Township of Scott, No. 17-647, most of it helpful in understanding what issues the Justices are considering, and how each of them might break on the ultimate question: should Williamson County be overruled, and should property owners
Hot (Eminent Domain) Topics, Cool Jazz
Don’t Miss the 2019 Eminent Domain Litigation Conference from American Law Institute CLE on Vimeo.
Check out this sound blurb, produced by the good media folks at ALI-CLE, about the upcoming Eminent Domain and Land Valuation Litigation Conference. (And no, we didn’t record this in a jazz club; although I wish we had.)
There’s
Knick Transcript Available
Well, no sooner had we hit “publish” on our last post (which ended with, “let’s wait for the transcript”), that the court reporter posted the transcript. Whoa, fast.
Read and analyze away, friends!
Transcript, Knick v. Township of Scott, No. 17-647 (U.S. Jan. 16, 2019)
Knick Argument Redux: Dark Corners, And A Lack Of Clear Consensus (Chief Justice Remains The Lynchpin)
As Professor Gideon Kanner likes to remind us, eminent domain has been characterized as “the dark corner of the law.” We thought back to that phrase when we joined the queue outside of the Supreme Court this very dark (and very cold) morning, for the rehearing in the Knick v. Township of Scott case
“Eminent Domain Just Compensation Act” – Withdrawing The Quick Take Power From Border Wall Takings – What Is It Good For?
We have mostly avoided the most recent kerfuffle about the southern border wall (or fence, take your pick) for a few reasons.
First, the signal-to-noise ratio is pretty bad at the moment, and that usually isn’t a good predictor for rational conversation. Second, others are covering the subject much better than we ever could. See
NJ Appellate Division On Land Banking: “Take Now, Decide Later What To Do With It” Isn’t Good Enough
Here’s the decision in a case we’ve been following from afar in which our colleagues Anthony Della Pelle and Robert McNamara are on the side of property owners, Borough of Glassboro v. Grossman, No. A-4556-17T2 (Jan. 7, 2019).
This is redevelopment, New Jersey style. We ask that you read the opinion (it isn’t terribly
Stop Making Sense: Knick, Williamson County, And Lessons For Takings From The Dusky Gopher Frog Decision – Are “Takings” Federally Justiciable?
Our final 2018 post focused on what we thought was the biggest case of that year, and which, we’re predicting, will be the biggest case of 2019: Knick v. Township of Scott, No. 17-647, that’s the one in which the Supreme Court is considering whether federal takings claims can be brought in federal court
Wrapping Up 2018, And Previewing 2019’s Most Important Case: Final Briefs In Knick v. Township Of Scott
We’re going to end 2018 with the latest in what we think was the most important issue of the past year (and which, we predict, will be the most important case in takings law for at least a decade when it likely gets decided in 2019), Knick v. Township of Scott, No. 17-647.
That
Space Remaining Is Limited – Register Now For ALI-CLE Eminent Domain And Land Valuation Litigation Conference (Palm Springs, Jan. 24-26, 2019)
We’re almost there, but we still have room remaining. At the 2018 Conference in Charleston, we both sold out the registrations and the conference hotel, so we planned ahead for the upcoming 2019 Conference in Palm Springs at the Renaissance Palm Springs Resort.
Register here. You will also be able to download