To those able to join us today for IMLA’s “The Takings Issue” webinar, thank you. Here are the links to the items which I discussed:
On Koontz:
We’re in Chicago this week participating in the ABA Annual Meeting. While we really are looking forward to a slate of thrilling committee meetings, what we’re really anticipating is the CLE programming. Here are what we think are the highlights:
No, it’s not the latest economic development project, but an item we’ve reported on earlier: Jeff Benedict’s “Little Pink House” book about the Kelo case is being turned into a movie. Here’s a Reason interview with one of the movie’s producers explaining why the story attracted them, and what we can expect from
We’ve covered this topic before (see here, here, and here), but we haven’t heard much about it lately. But thanks to this new article by colleague Dwight H. Merriam, we can get back up to speed.
In “Eminent Domain for Underwater Mortgages: Already on the Way to the Bottom of
Readers know that some jurisdictions have statutes which permit private condemnations — actions in which the owner of a landlocked parcel can exercise eminent domain to take the property of a neighbor for access. They are somewhat like common law easements by necessity, and we’ve seen then in Pennsylvania (private takings still must serve a
This opinion isn’t big news, but come on, it’s about two of our favorite topics (eminent domain and appellate jurisdiction), it’s short, and it’s from the Supreme Court of the Virgin Islands. How often do we get those? Plus, we’re just interested in how courts from fellow island jurisdictions rule.
Bottom line: in a
In North Carolina, a property owner has a right to direct access to adjacent highways, and “[i]f the State’s action eliminates all direct access to the abutting road, then the action is ‘a taking as a matter of law.'” Dep’t of Transportation v. Harkey, 301 S.E.2d 64, 71 (N.C. 1983). And it doesn’t matter
Here’s an article by IJ’s Dana Berliner, a retrospective on public use in eminent domain and where the decade since Kelo has left us.
It is a sign of the constitutional damage Kelo caused that these two related features of the opinion—blind deference and the refusal to engage with facts—have marked post-Kelo jurisprudence.
ALI-CLE has posted the registration page for the 2016 ALI-CLE Eminent Domain and Land Valuation Conference, in Austin. Register now for a $200 discount off the tuition. Or you can sign up for notification when the full brochure is published.
Save the spot on your calendar so you can join us in Austin.
We’re still
Donald Trump is garnering a lot of press these days for things not related to eminent domain. And there’s a lot of awareness of the high-profile eminent domain battle in New Jersey, in which he was the “B” in an attempted “A to B” taking. But not everyone is as aware of a later, similar