“Petitioner owns the fee title to property known as the Ballona Lagoon, a narrow body of water connected to Marina del Rey, a manmade harbor located in a part of the city of Los Angeles called Venice. Venice is located on the Pacific Ocean between the Los Angeles International Airport and the city
Last year, we posted about the Brigham-Kanner Conference, the annual meeting at William and Mary Law School where we talk all things property rights and award the Brigham-Kanner Property Rights Prize. (By the way, this year’s conference will be held in The Hague, The Netherlands in October. But more on that soon, in
Here’s one we’ve been meaning to post up for a while. Not because it isn’t an important decision, but because other things intervened.
In State of West Virginia ex rel. West Virginia Dep’t of Transportation v. Burnside, No. 15-1112 (June 13, 2016), the Supreme Court of Appeals of West Virginia held that under the statutory
Here’s the latest in that case we told you about a couple of months ago, a published ruling in an eminent domain case from the Hawaii Intermediate Court of Appeals. We wrote that in our view, the court got it really wrong on one of the three issues in the case, whether two parcels which
Today, in a case we’ve been following (because we filed a brief in support of the property owner), the California Supreme Court in a unanimous opinion essentially rewrote California’s precondemnation entry statute to give the government a pass.
The court assumed that entries which exceed the relatively minor entries contemplated by its prior
We’re meeting some deadlines today, so we don’t have much time to digest in detail the closely split decision by the Pennsylvania Commonwealth Court in In re Condemnation by Sunoco Pipeline, L.P., No. 1979 C.D. 2015 (July 14, 2016).
The short story is that the majority upheld the power of Sunoco to take private
With apologies to Professor Kanner (who regularly features a “Lowball Watch” on his blog), we offer this report of Down v. Ministry of Transportation, No. LC140038 (May 12, 2016), a trial-level property owner victory by our Toronto colleague Shane Rayman (last seen in the pages of this blog winning a great case in the
The power company needed an easement across Hylton’s land for a transmission line. It made him an offer, backed by an appraisal. But that appraisal didn’t account for Hylton’s mineral rights, although it acknowledged that the property did contain two coal deposits, at least according to Hylton.
The parties “signed an agreement granting [the utility]
As we noted last week, the expanding costs of the Honolulu Rail project has forced Honolulu’s mayor to ask whether construction should be delayed or stopped entirely, short of its planned terminus at Ala Moana shopping center. “Middle Street” became the new rail watchword, even though stopping it there would omit — temporarily or
As readers know, from time to time, we undertake what might be called “eminent domain tourism” — visiting the sites of famous and infamous cases when we’re in the neighborhood. Hadacheck, Kaiser Aetna, Nollan, Dolan, and PruneYard, for example.
Perhaps the best illustration of the “holdout” comes from Seattle (see