Here’s the opinion in a case we’ve been following. In Berkley v. Mountain Valley Pipeline, LLC, No. 18-1042 (July 25, 2018), the U.S. Court of Appeals for the Fourth Circuit held that the federal Natural Gas Act allows the Federal Energy Regulatory Commission to delegate eminent domain authority to Mountain Valley, and that any challenges
Tuesday Reading List – Flood Takings, Cuba Property, Beach Access, And … Space Aliens
Here’s what we are reading (or listening to) this Tuesday:
- Richard Epstein’s podcast on “Is it a Taking When the Government Floods Your House?” (Federalist Society)
- Teaching takings: Professor Stephen R. Miller on Contemporary Issues in Teaching Land Use: Question 8: Hot Topics in Takings (lawprof blawg)
- “Communist-run Cuba to recognize private
What Might A Justice Kavanaugh Mean For Takings, Land Use, And Other Issues?
Clare Trapasso has a Realtor.com piece on what a Justice Kavanaugh could mean for real estate, property, and land use issues, “What Supreme Court Nominee Brett Kavanaugh Could Mean for Real Estate,” where she correctly notes that “while commentators have been scrutinizing Kavanaugh’s record on hot-button topics like abortion and immigration, there’s been
What Is “Eminent Domain,” Alex?
Links And Materials From Today’s Transportation Research Board Session
Here are the cases and other items I either spoke about or mentioned at today’s Transportation Research Board‘s 57th Annual Workshop on Transportation Law in Cambridge, Massachusetts:
- The Colorado public use cases: public use vs. public purpose: Lafayette and Carousel Farms
- On the Supreme Court docket: Violet Dock Port (SCOTUS, Louisiana)
- The Louisiana Supreme
SCOTUS Amici Brief: Kelo Revisited – Louisiana Case Is An Opportunity To Clarify Eminent Domain Pretext
Here’s the amici brief we’re filing in an important Public Use case we’ve been following.
In St. Bernard Port, Harbor & Terminal District v. Violet Dock Port, Inc., No. 2017-C-0434 (Jan. 30, 2017), the Louisiana Supreme Court upheld the taking by the St. Bernard Port, Harbor, and Terminal District of a Mississippi River docking facility
Virginia: “And” Means “Or” – Eminent Domain Entry Statute Not Strictly Construed
To lawyers, the word “and” between two clauses in a statute means that the requirements of both clauses must be met (aka “conjunctive”), while the word “or” signifies that either of the requirements are enough (“disjunctive”).
So you might think that when asked to interpret whether a statute that allows pipeline companies to enter land
Colorado Supreme Court To Review Major Eminent Domain Case: Does Public Use Save A Taking From A Private Purpose?
The Colorado Supreme Court has agreed to review a public use case we’ve been following with keen interest, Carousel Farms Metropolitan District, No. 18SC30 (July 2, 2018), one we noted was the “most interesting” such case of 2017.
The Court of Appeals held that the actual purpose of the taking was private, so
Oregon Appeals Court Reminds Condemnors: Eminent Domain Valuation Is Focused On What The Market Would Have Paid For The Taken Property
A metro-area transit district condemned a portion of a residential lot for a light-rail line. The property was owned by a LLC, which in turn was owned by a family trust. The condemnor offered $19k as compensation, but the trust thought it was worth a lot more: $280k.
One of the big issues contributing to the
Kennedy, J. (ret.)
Some good (Dolan, Lucas), some bad (Kelo, Murr), some … not sure (Lingle).
But now, things get interesting.
Let’s just say that we’re not totally convinced this letter from Justice Kennedy announcing his retirement isn’t “fake news,” since it does not list the four factors he considered in deciding