The Pennsylvania DOT wanted to take a part of the Szabos’ property. Fine. But when it filed the declaration of taking, the DOT wasn’t as careful as it should have been, and the plans which it submitted with the declaration noted “[s]ome property lines were labeled as ‘probable [sic] correct.'”
Good enough for DOT, but…
Here’s the recording of the March 20, 2017 oral arguments in Murr v. Wisconsin, the e “larger parcel” or “denominator” case.
The printed transcript is posted here, and our summary of the arguments is posted here. Our preview of the arguments, which includes link to the briefs, is here.
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Under Nebraska law, Natural Resource Districts possess the power of eminent domain, delegated to them by the state legislature. The question in Estermann v. Bose, No. S-15-1022 (Apr. 7, 2017) was whether four of those NRD’s could, in turn, re-delegate that power to a new agency which they jointly formed under the Interlocal Cooperation…
Here’s the third amicus brief filed in support of our cert petition in Bay Point Properties, Inc. v. Mississippi Transportation Commission, a case asking whether the Just Compensation Clause prohibits a court from instructing an inverse condemnation jury that it must value taken property as if it was burdened by a highway easement which the…
Here’s another amici brief (on behalf of the Virginia Institute for Public Policy, and Owners’ Counsel of America, authored by takings/SCOTUS superstar Michael Berger) supporting the cert petition we filed last month which asks the U.S. Supreme Court to review a decision of the Mississippi Supreme Court. Here’s the amicus brief which Pacific Legal…
Here’s the amicus brief, filed yesterday by Pacific Legal Foundation is support of the cert petition we filed last month which asks the U.S. Supreme Court to review a decision of the Mississippi Supreme Court.
First, some background. In 2005, Hurricane Katrina destroyed “Toll Project No. 1,” the U.S. Highway 90 crossing of Bay St. Louis…
When most jurisdictions reacted to the U.S. Supreme Court’s decision in Kelo v. City of New London, 545 U.S 469 (2005), they — naturally being aghast at the result — adopted legislation that either purported to make it easier on landowners, or harder on condemnors. Understandable, as the public uproar which Kelo caused has…
It’s flashback to Property I class today, folks.
Yesterday’s opinion from the U.S. Court of Appeals for the Eighth Circuit in Barfield v. Sho-Me Power Elec. Coop., No. 15-2964 (Mar. 29, 2017) was about easements, and there wasn’t really a takings issue presented, but we thought we would post it anyway since it…
Honolulu Civil Beat has an interesting editorial today about the Honolulu rail project, the 20-station, 21-mile elevated steel-on-steel project now being built at a cost that was first projected at about $3.8 billion, and at last count is somewhere in the $8 – $11 billion range.
The editorial, “Honolulu Rail: City Needs To Get …
Another one (short) from the Kansas Supreme Court, this time a straight takings case, and not inverse condemnation.
In Pener v. King, No. 114850 (Mar. 24, 2017), the court tackled several issues in a case involving KDOT’s taking of land for highway project. Part of the taking required KDOT to take down the…
