Eminent Domain | Condemnation

We obviously wish we had better news, but today, the U.S. Supreme Court in this order declined to review the Mississippi Supreme Court’s decision in a just compensation case in which we represented the petitioner

Justice Gorsuch, joined by Justice Thomas filed this brief statement:

When a State negotiates an easement limited to one

SCOTUSblog takes note of our cert petition in Bay Point Properties, Inc. v. Mississippi Transportation Commission, No. 16-1077 (cert. petition filed Mar. 3, 2017), a case which seeks U.S. Supreme Court review of a decision by the Mississippi Supreme Court. We represent the Petitioner.

In the “Petitions to Watch” segment, Aurora

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No sleeping under the bridges of Paris!

In Ada County Highway District v. Brooke View, No. 43452 (May 23, 2017), the Idaho Supreme Court held that construction damage caused by the Highway District to property adjacent to — but not part of — a road project for which it took property, was not covered

Here’s the audio recording of the talk we gave to the ABA Section of State and Local Government Law’s Land Use Committee earlier today. (Some of you may note that in the intro we say the talk was on “June 17,” but since that’s tomorrow, we assume you understand that is just an error.)

The

A quick one from the Virginia Supreme Court, on pleading inverse condemnation in flooding cases. Or in any inverse case, actually.

In AGCS Marine Insurance Co. v. Arlington County, No. 1160221 (June 15, 2017), the court held that the insurance company (which paid off the property owner after a county sewer line flooded its

ABA State and Local 2017-2017 conferences image

Mark your calendars for this Friday, June 16, 2017, at 2:00 p.m. Eastern Time for a free talk we’ll be giving, “Regulatory Takings: Emerging Issues.” 

Yes, it’s free, but there’s a catch: this talk is sponsored by the ABA Section of State and Local Government Law’s Land Use Committee, and you have to

As we noted recently, we don’t usually post trial court decisions. But there are exceptions. The Northern District of Florida’s recent order in Sabal Trail Transmission, LLC v. Real Estate, No. 16-cv-00063-MW-GRJ (June 5, 2017), is one of those exceptions. 

First of all, our New York City colleague Michael Rikon beat us to

A fascinating case from the U.S. Court of Appeals for the Tenth Circuit involving an attempt by a private utility company to take property which is now tribal land. 

In Public Service Co. of New Mexico v. Barboan, No. 16-2050 (May 26, 2017), there wasn’t a question that a federal statute prohibited a utility

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Welcome to a new entry in the eminent domain and takings blogosphere, Texas colleague Clint Schumacher‘s Eminent Domain Podcast. Yes, you don’t have to read to get your takings updates, you can listen while you work, while you work out, or while you drive or fly. Go here to subscribe or download episodes