Update: Here’s the syllabus and reading list.
Most of us who practice condemnation law probably didn’t start off in law school thinking “gee, I’d sure like to be an eminent domain lawyer.”
Even if we did, the law school curriculum wasn’t set up to accommodate any such wishes, and the topic of eminent domain
In Ransom v. Village of Cross Plains, No. 2015AP1556 (Apr. 28, 2016), the Village took a part of Ransom’s property, 703 square feet to be precise. The parties actually agreed on the amount of just compensation for the 703 square feet. But Ransom asserted that the Village also took a temporary easement after the
A quick one from the U.S. Court of Appeals for the Sixth Circuit, in a federal condemnation, United States ex rel TVA v. 1.73 Acres of Land, No. 15-5530 (May 5, 2016).
The Tennessee Valley Authority condemned an easement on a strip of Mr. Thomas’ undeveloped land (zoned for agricultural/residential uses) for utility lines.
California Associate Justice Goodwin Liu — often mentioned on short lists of potential future nominees to the U.S. Supreme Court even after the Republican-led Senate stymied his nomination by President Obama to the Ninth Circuit — just saw his chances for a promotion go up today, if ever so slightly. No, we’re not talking about
Is the forced acquisition of property by the government’s power of eminent domain a “purchase?” To the Virginia Supreme Court, the answer to that question is yes. Why, we’re not really sure, because the court doesn’t tell us why.
In City of Chesapeake v. Dominion SecurityPlus Self Storage, LLC, No. 150328 (Apr. 29, 2016)
A longer post to start the week because it involves an eminent domain case, a somewhat rare occurrence from the Hawaii appellate courts. The issues determined by the Hawaii Intermediate Court of Appeals are important, and because we have an old eminent domain code and don’t have a whole lot of current decisional law applying it —
Update: Oral argument audio posted above.
Update: “State’s High Court Hears Arguments In Mountain Water Appeal On Wide-Ranging Issues”
Update: “Montana Supreme Court Justices quiz lawyers on eminent domain, finances“
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The condemnation of privately owned utilities is a thing these days. Seems like many local governments believe they can do
Continuing with our posting of the amicus briefs in Murr v. Wisconsin, No. 15-214, the “parcel as a whole” case now being considered by the Supreme Court, here is the brief filed in support of the property owner by several western states, principally authored by lawprof Ilya Somin.
Rather than summarize the brief here
The amicus briefs supporting the property owners/petitioners in Murr v. Wisconsin, No. 15-214, the “parcel as a whole” case now being considered by the Supreme Court, are rolling in.
Here’s the first one, the amici brief for the Cato Institute and the Owners’ Counsel of America. [Disclosure: we represent OCA on this filing.]
Guam land titles can be seriously messed up. This case, Gov’t of Guam v. 162.40 Square Meters of Land, No. CVA14-011 (Mar. 17, 2016), about which we posted earlier (when it went up to the U.S. Supreme Court and was denied review) is an example. To reconfigure irregular lot lines left over from