Here’s the motion for leave and proposed brief amici curiae we filed yesterday in an appeal pending in the U.S. Court of Appeals for the Eleventh Circuit.
This is a pipeline case (another one!) involving land in Florida. The district court got it right, concluding that the property owner/condemnee was entitled to recover
An observation: courts seem to believe that in eminent domain, a taking, once it is instituted, is inevitable. Thus, the landowner should simply go with the flow, because this is going to happen. We get where that comes from. After all, most takings are completed and the property is acquired. But it isn’t necessarily so. As
As we guessed immediately after arguments, today in this order the Supreme Court has set the Knick v. Township of Scott case for supplemental briefing, and reargument.
Here’s the full text of the order:
This case is restored to the calendar for reargument. The parties and the Solicitor General are directed to file letter
Every year, at the Brigham-Kanner Property Rights Conference, the conference publishes a law journal with the articles, essays, and remarks presented at last year’s conference. So it was this year, and Volume 7, with the theme of “The Future of Regulatory Takings,” is now available.
We contributed an essay, “Back to the
Pipelines are a hot topic. So much so that we’re devoting a couple of sessions at the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference to the subject (“Where You Haven’t Gone Before: New Approaches to Challenging the Take,” and “Compensation Pitfalls: How to Avoid Problems,” for example).
And, with
Here’s a case about eminent domain and pipelines, but which focuses more on the court’s jurisdiction than on the eminent domain aspects.
In Ameren Transmission Co. of Illinois v. Hutchings, No. 122973 (Oct. 18, 2018), the Illinois Supreme Court held that Illinois circuit courts — that state’s courts of general jurisdiction — do not
Would you pay, say $10 for an undeveloped Maui beachfront parcel that is zoned for hotel and residential purposes, but currently is not developable because the County in the past wanted to condemn the land and turn it into a public park (but then ran out of money)?
In furtherance of its acquisition plan, the
From Reno, Nevada colleague Steve Silva, comes this contribution to our growing collection of Knick/Williamson County-related memes.
Congratulations if you get this without having to do research. If so, you are a True Takings Nerd (and a nerd generally).
For those of you who are not quite getting it, here is
Last week, the 15th Annual Brigham-Kanner Property Rights Conference saw the gathering of legal scholars, judges, lawyers, and law students at the William and Mary Law School to award the B-K Property Rights Prize to Cardozo lawprof Stewart Sterk, followed by a day-long conference focusing on Professor Sterk’s work and the latest developments in property
For the six-hour-plus roundtrip from Williamsburg to DC for last week’s SCOTUS oral arguments in Knick v. Township of Scott, the only assignment our class had — the ticket for the van ride, so to speak — was that each student was required to make two contributions to our day’s playlist. Otherwise, we’d be