Here’s the latest in a case we’ve been tracking, the City of Missoula, Montana’s takeover of a privately-owned water system. Last year, the Montana Supreme Court held that the city could exercise its power of eminent domain to take the property for a “more necessary” public use. The court allowed the city to take the
Cases And Links From Washington Eminent Domain Conference
My thanks to Bart Freedman (K&L Gates) and Kinnon Williams (Inslee Best Doezie & Ryder) for asking me to speak on national takings and inverse condemnation issues at yesterday’s Eminent Domain conference in Seattle.
As you can see, the room was packed and standing room only. Here are the cases and issues I mentioned
Commentary On Bay Point: SCOTUS Should Review This Just Comp Case
Here’s a rundown of the commentary on Bay Point Properties, Inc. v. Mississippi Transportation Commission, No. 16-1077 (cert. petition filed Mar. 3, 2017), a case which seeks review of a decision by the Mississippi Supreme Court. We represent the petitioner.
Hawaii Supreme Court – Major Eminent Domain Opinion: Larger Parcel, Deposit
Yesterday, the Hawaii Supreme Court issued a unanimous opinion opinion authored by Justice Nakayama in an eminent domain case we’ve been following. We filed an amicus brief in the case supporting the property owner on one of the three issues presented, too. More on that below.
The case involves three parcels on Kauai — one
SCOTUS Cert Reply Brief: Mississippi Can Rewrite Its Easement Laws, But It Can’t Avoid Compensation When It Takes Property
Here’s the Reply Brief we’re filing today in Bay Point Properties, Inc. v. Mississippi Transportation Commission, No. 16-1077 (cert. petition filed Mar. 3, 2017), a case which seeks review of a decision by the Mississippi Supreme Court. We represent the petitioner.
The brief responds to the MTC’s Brief in Opposition, and rather
Area 51 Taking, Dodger Stadium Taking, Attorneys’ Fees
Here’s what we’re reading today:
- 200-lb anvil missing from Area 51 condemnation? “Family Demands To Know How A 200-Pound Antique Anvil Disappeared From Area 51” Background on the case here.
- LA Times: “From the Archives: 1959 Evictions From Chavez Ravine.” Play ball!
- “Lawyers can’t petition for fees in
West Virginia: Condemnor Must Abide By Stipulation, Even If Contrary To Law
This case — a related case, actually — has been up to the West Virginia Supreme Court before. See “West Virginia: DOT Should Not Have Mined Privately Owned Limestone Without Owner’s Permission.” But even though the underlying facts were the same (the DOT mined limestone from private property without first buying it from the
When You Quote Both “Spider-Man” And “The Castle” In Your Eminent Domain Hearing
Thank you, Justice Kagan, for giving us a citeable Spider-Man reference (Kimbel v. Marvel Ent. LLC., 135 S. Ct. 2401, 2415 (2015) (“[I]n this world, with great power, there must also come—responsibility”)), and to The Castle, just for being a good, quotable eminent domain movie.
Kelo, Venezuela Edition: It’s Not Our Problem If Foreign Governments Expropriate Their Own Citizens’ Property
The Supreme Court yesterday issued an opinion in an expropriation case we’ve been following.
No, Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., No. 15-423 (May 1, 2017), isn’t about redevelopment, or public use and the like, but about the nationalization by Venezuela of oil exploration equipment. The owner
Seattle Eminent Domain Conference, May 18, 2017
Do you really need an excuse to visit Seattle? If you do, and want to earn some CLE credit while you’re at it, check it out the brochure for the upcoming Eminent Domain seminar on May 18, 2017. This is a one-day program that focuses on the hot topics in our area of law. We’ll