Eminent Domain | Condemnation

We’ve been offline lately, hanging out at the ABA Annual Meeting in New York, so haven’t had time to post, even though there is a lot to post about.

Thankfully, our colleague Brad Kuhn at the California Eminent Domain Report is on the ball, and has written up his thoughts about the California Court

IMG_20170811_095148
Regulato Takings!

A modest but very knowledgeable crowd joined us today at the ABA Annual Meeting in New York for a panel discussion and analysis of Murr v. Wisconsin. Here is the recording of our portion of the presenation (10mb mp3).

Here are links to some of the materials which we and the others

Chair Reception SLG 8-11-2017 invitation

If you are scheduled to be in or near New York City on Friday, August 11, 2017, please consider attending one or both of the following events:

FERC

Here’s one that is taking a slightly different approach to challenging the taking of private property for privately-owned pipelines. Definitely a hot-button topic these days. 

In this federal court complaint, the plaintiff landowners challenge the approval by the Federal Energy Regulatory Commission of a private pipeline company’s exercise of eminent domain. The complaint seeks

Check this out, the latest cert petition from the Institute for Justice (Kelo), in a case we’ve been following.

This one asks a question that has been kicking around in the lower courts for a long time, and has long bothered we who represent property owners who have to eat the often-massive losses

IMG_20170726_170437

Here are links to the cases and other materials which I mentioned today in our session at the Transportation Research Board‘s 56th Annual Workshop on Transportation Law in Salt Lake City:

SSRN

 A couple of weeks ago, we noted that the Supreme Court’s recent decision in Murr v. Wisconsin would no doubt be a boon for law review editors. To avoid shirking our duty, we’ve spent the interim doing some writing, adding a drop to the flood. First draft done, posted on SSRN here

Emphasis

ALI Murr Title Card

One last reminder: next Tuesday, July 25, 2017 at 2:00 pm Eastern, is “The U.S. Supreme Court and Property Rights: The ‘Larger Parcel” Issue and the Future of Regulatory Takings,” ALI-CLE’s first look at the U.S. Supreme Court’s recent decision on the “larger parcel” or denominator issue in regulatory takings cases where

An unpublished opinion from the U.S. Court of Appeals for the Fourth Circuit in a pipeline case from Virginia. But even though it is not precedent, we’re covering it anyway because it raises important issues.  

In Columbia Gas Transmission, LLC v. 76 Acres, No. 15-2547 (July 13, 2017), Columbia possessed the delegated power