Here’s the latest in our series of cases which in effect say “when you settle, you’re done.”
In State ex rel. Gideon v. Page, No. 2024-0573 (Oct. 10, 2024), the Ohio Supreme Court made short work of an argument that the trial judge in an eminent domain case lacked jurisdiction to enforce a settlement
Today we have a guest post by New York colleague Jennifer Polovetsky, who writes about the intersection of administrative law (Chevron deference) and public use in eminent domain.Thanks to Jennifer (and to the New York Law Journal) for allowing us to republish her intriguing piece.
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Is Judicial Deference to Government Agency Decisions
Here’s the full report from David Morrill about the 21st Brigham-Kanner Property Rights Conference earlier this month. Pictured above: Professor James Stern (responsible for the overall planning of the B-K Conference), this year’s Prizewinner Professor Lee Fennell (U. Chicago Law School), and Andrew Brigham, St. Augustine, Florida – property rights lawyer extraordinaire).
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Here’s the latest in a case we’ve been following (and in which we filed an amicus brief in favor of the property owner).
Yesterday, the North Carolina Supreme Court heard oral arguments in Town of Apex v. Rubin. Here’s a link to the recording (YouTube prevents us from embedding it, sorry).
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Heads up: the second episode of the rebooted Eminent Domain Podcast is live, with host Bobby Debelak and guest law professor Ilya Somin. Here’s the description of this ep:
Professor Ilya Somin of George Mason University and the Cato Institute discusses his work in drafting amicus papers in the Kelo case, working with Jane Jacobs
As we hinted at a couple of weeks ago, we have some good — nay, great — news: the Eminent Domain Podcast, retired earlier this year by its originator Clint Schumacher, is back with a new host and a slightly new title: “Come and Take It: The Eminent Domain Podcast.”
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Here’s the latest in an issue that found new vitality after the U.S. Supreme Court’s decision in Cedar Point affirming that government-authorized physical entry to private property is presumptively a taking.
This is the “precondemnation entry” issue in eminent domain which several courts have addressed:
Here’s the latest takings cert petition. This one seeks review of the Seventh Circuit’s affirming the district court’s sua sponte abstaining from considering a property owner’s challenge to a Wisconsin municipality’s exercise of eminent domain.
The court concluded that federal courts could — but shouldn’t — consider the owner’s public use challenge
It is worth your time to check out the Pennsylvania Supreme Court (Middle District)’s decision in Wolfe v. Reading Blue Mountain & Northern RR Co. No. J-10A-2024 (Aug. 20, 2024).
The court invalidated an exercise of eminent domain by a railroad, concluding the taking was not for a public purpose because it was intended
Yes, the mysterious ducks remain — and seem to have multiplied.
It’s that time of the year again. Fall’s-a-coming, and that means that starting today, we’re back at the William and Mary Law School in Williamsburg, Virginia to lead two courses: