Here’s the supplemental letter brief, filed today on behalf of Rose Mary Knick, as requested by the Supreme Court.
Two more — by the Township and by the SG — to be filed today as well. We shall post those as they become available.
Eminent Domain | Condemnation
Audio: Our Interview With Author Howard Mansfield – “The Habit of Turning The World Upside Down – Our Belief in Property and the Cost of That Belief”
Earlier this week, we spoke to Howard Mansfield, author of the recently-published book “The Habit of Turning the World Upside Down – Our Belief in Property and the Cost of That Belief.”
His book is about property, property rights, and how these ideas are processed by the American psyche. But instead of…
Electric Company: We Can’t Be Liable For Inverse Condemnation For Cal Wildfires Unless We Can “Unilaterally Recoup Costs From The Benefited Public Through Taxation Or Rate Increases”
Here’s the Petition for Review we’ve been waiting to drop since last week’s ruling by a California Court of Appeal declining to review the California PUC’s decision to turn down the electric company’s request for a rate increase to cover the compensation and damages that it must pay as the result of a southern California…
Knick Reargument: Wednesday, Jan. 16, 2019
They’re going back, to reargue the case with a full contingent of justices. In the January oral argument calendar published yesterday, the Supreme Court gave us the date and time:
Wednesday, January 16, 2019, at 10:00 a.m.
We will be there, and will bring you our thoughts.
Prof. Gideon Kanner: “Bye, bye General Motors Poletown Plant”
By Robert H. Thomas on
Following the announcement that GM will be closing its Detroit-area Hamtramck assembly plant (originally a Cadillac plant), comes the reminder that it wasn’t supposed to be that way. This was the area, after all, condemned for “economic development” in the infamous Poletown case.
But as the Detroit Free Press reported in “GM’s Hamtramck …
New Article: ADR In Eminent Domain – “An Eminently Agreeable Solution”
With registration for the 2019 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Palm Springs well underway, we thought it would be a good time to post up some of the materials from this year’s Charleston conference.
In “Alternative Dispute Resolution in Condemnation Cases: An Eminently Agreeable Solution,” an article in…
A Common Sense View Of Preliminary Injunctions In Pipeline Takings
By Robert H. Thomas on
Here’s one person’s common sense view of quick-take-by-another-name (federal courts’ Rule 65 preliminary injunctions in Natural Gas Act takings). A topic we’re written about and briefed lately. Spot on.
ALI-CLE Eminent Domain And Land Valuation Litigation Palm Springs Brochure Is Out
By Robert H. Thomas on
Posted in Administrative law, Appellate law, Court of Federal Claims | Federal Circuit, Due process, Eminent Domain | Condemnation, Environmental law, Events | Conferences, Inverse condemnation, Just Compensation | Appraisal, Municipal & Local Govt law, Nollan/Dolan | Exactions, Penn Central, Pipelines, Property rights, Public Use | Kelo, Redevelopment, Regulatory takings, Relocation | URA, Ripeness | Knick, Zoning & Planning
Get ready. In this and upcoming posts, we’re going to be featuring the items on our agenda for the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 24-26, 2019, in sunny Palm Springs, California.
ALI-CLE has released the brochure, which those of you on the mailing list should have received — …
Amicus Brief: In Straight Takings, No Possession By Injunction Until Title Transfers
By Robert H. Thomas on
Here’s the amicus motion and proposed brief we filed yesterday in a Third Circuit case we’ve been following, and which we wrote about recently.
In the few short days since that post, the owners are now also represented by the Institute for Justice, and have filed a petition for rehearing and rehearing en banc…
Knick And Klingon Foreheads: Retconning Williamson County
Retroactive continuity — or “retconning” — is, according to that authoritative source Wikipedia, a “literary device in which established facts in a fictional work are adjusted, ignored, or contradicted by a subsequently published work which breaks continuity.”
For example, compare the real-world explanation for why the 1960’s Star Trek show’s Klingons didn’t have…