Eminent Domain | Condemnation

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In a surprise move, Honolulu Mayor Kirk Caldwell today announced that he supports suspending the Honolulu rail project at Middle Street, at least until there’s more money in the coffers. See “Mayor, Council chairman say rail should end at Middle Street for now” from Marcel Honore at the Star-Advertiser.

We think the

This just in: the North Carolina Supreme Court has issued an opinion in an important case we’ve been following for a long time, Kirby v. North Carolina Dep’t of Transportation.

This is the case about the “Map Act,” a statute which designates private property for future highway use, and  “restricted plaintiffs’ fundamental rights to improve

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A very good crowd for today’s Oregon Eminent Domain Conference in Portland. 

Here are the links to the cases and other materials that we spoke about today in our session “Inverse Condemnation and Regulatory Takings – Issues and Trends.”  

Our thanks to Planning Chairs Jill Geleneau and Paul Sundermier for putting together a great

We won’t go into the West Virginia Supreme Court of Appeals’ opinion in Gomez v. Kanawha County Comm’n, No. 15-0342 (June 3, 2016) — it’s well-written and easily digested (all citations are in footnotes) — but point out these highlights:

  • The condemnation took Gomez’ property for use as a dump site for debris from construction

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As we head into the weekend, one more reminder about two worthwhile eventss being staged next week: 

The issue determined by the Texas Supreme Court in In re Lazy W District No. 1, No. 15-0117 (May 27, 2016), was whether — in a case where one governmental entity is trying to condemn another governmental entity’s property — the trial court must resolve the power to take issue before or after the

Programming note: On the day we remember our nation’s war dead, we thought we’d repost this one, about how Arlington National Cemetery came to be, and how yes, there’s a takings story there.

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LastbattlebookYou know how we’re always saying that the provisions in the Takings Clause are “self-executing,” that even in the absence of

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The dramatic moment of the day during last Thursday’s California Supreme Court oral arguments in City of Perris v. Stamper, No. S213468 (which we previewed here: “Cal Supreme Court Oral Argument Preview: In Just Comp Trial, Does Jury Determine Reasonable Probability Of Exaction?“), occurred during the rebuttal arguments by the city’s lawyer. The case

A short one from the Maine Supreme Judicial Court. In Pinkham v. Dep’t of Transportation, No. 2016 ME 74 (May 19, 2016), the court held that portions of the DOT’s appraiser’s report which appraised other properties being taken as part of the same project were not confidential or privileged under the state’s public records laws.