Pitt lawprof Gerald S. Dickinson has written an interesting op-ed in the Washington Post, “The biggest problem for Trump’s border wall isn’t money. It’s getting the land.” The sublede poses an interesting thought: “Eminent domain fights could take years.”
Which raises the question, could it?
Yes, it might, as Professor
Today’s post is long, but, we think, worth the investment of your time.
Bankruptcy is the way to get rid of debt. Plaintiffs who have sued the debtor but who have not reduced the lawsuit to a judgment are unsecured creditors. Unsecured creditors for the most part, go to the end of the payment queue
Here’s the Eleventh Circuit’s opinion in a case that adds to a circuit split (CA7 vs others) about whether a private condemnor, exercising the delegated federal power of eminent domain for a pipeline corridor under the Natural Gas Act, can obtain pre-judgment possession of the property, even though the NGA does not delegate the power
As we just detailed, the Eleventh Circuit joined the Third and Fourth (contra the Seventh) Circuits in concluding that a lack of Congressional delegation of quick take power to private pipeline condemnors in the Natural Gas Act does not stand in the way of a federal district court issuing an injunction to affect immediate pre-title
A very good and active crowd for today’s Eminent Domain Conference (CLE International) in Scottsdale, Arizona. It was good to visit with some old friends, and also to get to meet some new colleagues.
Our talk focused on national trends, and this year’s most interesting condemnation and takings cases. Here’s the links to the cases
Here’s the final brief for Ms. Knick, replying to the Township’s and the Solicitor General’s supplemental letter briefs.
It’s very short, so you should read it yourself. But here’s what we think is the highlight:
Williamson County is irreconcilable with the traditional view that a Takings Clause claim accrues (and is actionable in federal court)
With the first snow of the season beginning to fall in Williamsburg, today was the final day of classes at the William and Mary Law School. Which means that my time serving as the inaugural Joseph T. Waldo Visiting Chair in Property Rights Law is beginning to wrap up. There’s still the reading period, exams
The U.S. Court of Appeals for the Third Circuit recently heard oral arguments (stream above, or download the mp3 here), in a case involving an issue we briefed recently in another circuit: whether state or federal law governs the determination of Just Compensation in federal court Natural Gas Act takings.
Now, you might
Here’s the third (and final) supplemental letter brief in Knick v. Township of Scott, No. 17-647 (which is set for reargument before the Supreme Court next month).
Of course, you should not be surprised that the Township disagrees with both Ms. Knick’s arguments, as well as the SG’s supplemental brief, and
As we wrote in this post, the federal government”s position in Knick v. Township of Scott, No. 17-647, which is set for reargument next month, has us a bit perplexed.
On one hand, the SG’s bottom line is good: property owners can bring their takings claims against local governments in federal as
