You might not think that the conclusion which the U.S. Court of Appeals for the Tenth Circuit reached in M.A.K. Investment Group, LLC v. City of Glendale, No. 16-1492 (May 14, 2018) would be all that controversial: when private property is declared by a municipality to be “blighted” and subject to redevelopment (and eminent
Eminent Domain | Condemnation
Of Ipse Dixits And Bootstrapping: Virginia Supreme Court Adopts “I Know Because I Know” Theory Of Admissibility Of Appraisal Opinion Testimony
The Virginia Supreme Court once famously noted that some things were so obvious, you didn’t need to cite any authority for the proposition. See Goldstein v. Old Dominion Peanut Corp., 177 Va. 716, 722, 15 S.E.2d 103, 105 (Va. 1941) (“We have so often said this that no citation for its verity is needed,”…
4th Cir Oral Arguments In Pipeline Takings Case: “Meaningful” Judicial Review, Or FERC Procedures?
Yesterday, the U.S. Court of Appeals heard arguments about the Mountain Valley Pipeline (which will run from northern West Virginia to southern Virginia), a situation receiving a lot of attention, and which has generated a number of lawsuits (go here for a list of the cases and a summary).
The question in Berkley…
Monday Readings: South Africa Takings, Redevelopment, Metes and Bounds, And More
Here’s what we’re reading today:
- The latest in that 15-minute jury verdict in a federal court regulatory takings case: the owner is now seeking attorneys’ fees. Here’s the motion. More on the case here (“State loses land-use lawsuit and must pay $1“).
- “A Dangerous Development in Cape Town” (via City
…
Arizona Takings: Condemnation Summit XXII
Thanks to colleague Chris Kramer, we’ll be speaking later this week (Friday, May 4, 2018) in Phoenix at the 22nd Condemnation Summit at the Arizona Biltmore.
Our session will cover “Condemnation Trends: Nationwide & Arizona.” The rest of the day’s agenda looks mighty good too, with session on valuation of easements, paying for…
Cases And Materials From The Takings And Eminent Domain Session At The Land Use Institute

Some of the Land Use Institute faculty, including (front row left), Planning Chair Frank Schnidman and Planning Co-Chair Patty Salkin
Last Friday at the 32nd Annual Land Use Institute in Detroit, I was honored to moderate a freewheeling discussion by a panel of takings experts, Professor Steven Eagle, Minnesota lawyer Howard Roston, and Michigan’s…
Land Use Institute – Detroit
We’re in Detroit the rest of the week at the Mercy Law School for the venerable Land Use Institute, now in its 32nd iteration.
Planning Chair Frank Schnidman has assembled a great faculty including out Detroit colleague Alan Ackerman (above, talking about takings liability for flooding), and we’ll be spending the time talking inverse…
For Once I Can Say This Is Mine, You Can’t Take It: “Little Pink House” Movie Review
Spoiler alert! This one doesn’t have a happy ending.
USA Today Notes Just Comp An Area Where Justice Gorsuch “Jumping Into The Deep End”
Here’s a bit passed on to us from a colleague who reads USA Today. Leading off “Justice Gorsuch confirms conservatives’ hopes, liberals’ fears in first year on Supreme Court,” is this snippet, which points out a Just Compensation case in which we represented the (denied) petitioner:
WASHINGTON – Neil Gorsuch had been a member of the Supreme Court for exactly 11 weeks when he made clear in a single day what type of justice he would be.
The court struck down an Arkansas law that treated same-sex couples differently than opposite-sex couples on their children’s birth certificates. Gorsuch dissented.
The court refused to consider a challenge to the Department of Veterans Affairs’ system for evaluating disability claims. Gorsuch dissented.
The court declined to hear a challenge to a California law limiting who can carry a concealed gun in public. Gorsuch dissented.
Thus it was that on the last day of its 2016-17 term — as the court addressed gay rights, government power, gun ownership and government takings — Neil McGill Gorsuch announced to the legal world that he would not go along to get along.
“He came to the court more ready to jump into the deep end than a lot of recent nominees,” says Jonathan Adler, a law professor at Case Western Reserve University School of Law.
we thought the denial of cert in that case (and others) wasn’t necessarily a bad sign.
Continue Reading USA Today Notes Just Comp An Area Where Justice Gorsuch “Jumping Into The Deep End”
Wisconsin: “Special Benefits” In Eminent Domain Means “Uncommon Advantage,” But Only Regarding Market Value
When the city condemned a portion of CED’s property back in 2012 for a highway project (replacing an intersection with a roundabout), the city’s appraiser testified that the taking did not confer any “special benefits” to CED’s remainder parcel. Eventually, CED and the city settled the case and the city paid agreed-upon compensation and severance…

