Worth couldn’t get to his “Section 30 property” except from Evans’ land, or from his own land after fording the 102 River.
So Worth sued Evans in a private condemnation (essentially seeking an easement by necessity). Evans filed a petition alleging that Worth could not use the eminent domain power because Worth had reasonable access
All of the drama playing out in the North Carolina Supreme Court yesterday as the court heard oral arguments in its review of Kirby v North Carolina Dep’t of Transportation, No. COA14-184 (Feb. 17, 2015) came down — as they often do in these things — to a single question from the bench, and
A pretty straightforward one from the Mississippi Supreme Court. Mississippi Transportation Comm’n v. United Assets, LLC, No. 2014-SA-01181-SCT (Feb. 11, 2016), involved a partial taking by MDOT at the intersection of I-59 and Highway 42.
The state’s appraiser concluded that commercial development was the highest and best use of the land and settled on
At the recent ALI-CLE Eminent Domain and Land Valuation conference in Austin, Texas, I had the opportunity to interview Ted Balaker, Producer of the upcoming feature film about the Kelo v. New London case, Little Pink House, who took time out of his busy schedule to come to Austin and join us.
Update: Rick Rayl has this post (“Eminent Domain Takes Center Stage in Republican Presidential Race“) at the California Eminent Domain Report.
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With one exception — a repost of our review of the docfilm You’ve Been Trumped (“If You Are Even Thinking Of Voting For Trump…“), we’ve gone out of
The Pennsylvania eminent domain code requires a condemnor to file the declaration of taking within a year of its being authorized:
The condemnor shall file within one year of the action authorizing the declaration of taking a declaration of taking covering all properties included in the authorization not otherwise acquired by the condemnor within this
Here’s what we’re reading today:
Here’s a decision from the Wisconsin Supreme Court, similar to a recent case from the Oregon Supreme Court involving highway improvements which cut off existing access.
The issue in Hoffer Properties, LLC v. Wisconsin Dep’t of Transportation, No. 2012AP2520 (Feb. 4, 2016) was whether a property owner whose parcel enjoyed direct access to a
We’ve posted a lot lately reporting on the 2016 ALI-CLE Eminent Domain and Land Valuation Litigation Conference, recently held in Austin. We have a couple of more posts for you before we turn to other things. Here is the first, a run-down of the blogs of faculty members, and others we were in the