The cover story in Pacific Business News‘ recent edition, “Honolulu rail transit’s eminent domain” is worth reading. Most importantly, the PBN staff created maps which show how much property is targeted for acquisition, and where it is located, precisely. Yes, the full story is behind a partial paywall, but as we said
Eminent Domain | Condemnation
Amici Brief: Property Owners Have Right Of Direct Access To Highways That Can’t Be Regulated Away
Here’s the amici brief on behalf of Central Oregon Builders Association, Oregonians in Action, and Owners’ Counsel of America in a case being considered by the Oregon Supreme Court, State of Oregon v. Alderwoods (Oregon), Inc., No. S062766.
In an eminent domain action to improve Highway 99W in Tigard, Oregon, the DOT condemned Alderwoods’ …
What Were They Thinking, Part II: DOT Can’t Take Advantage Of “Scrivener’s Error” To Avoid Eminent Domain
The Wisconsin Court of Appeals’ decision in Somers USA, LLC v. Wisconsin Dep’t of Transportation, No. 2014AP1092 (Mar. 25, 2015), is the second case we’re posting today that has us asking — just what was the government thinking?
This kerfuffle resulted from the DOT trying to take advantage of Somers’ scrivener’s error, made when…
Pacific Business News Report On Eminent Domain And The Honolulu Rail
We can’t reproduce the entire interview, and the link to the online version is behind a partial paywall, but here are the highlights of a recent interview, where A. Kam Napier, the Editor-in- Chief of Pacific Business News, came by and chatted with us about eminent domain, property rights, and the Honolulu rail…
Condemnor’s Higher Initial Appraisal, Offer, And Deposit Admissible
In Coleman v. Mississippi Transportation Comm’n, No. 2013-CA-01161-SCT, the Mississippi Supreme Court addressed an issue we’ve been pondering lately, holding that evidence of the condemnor’s initial appraisal, its offer, and its deposit, were admissible when its appraiser presented a lower valuation at trial. The appraiser was also subject to cross-examination about why he lowered…
Amici Brief: Precondemnation Entry That Goes Beyond “Innocuous” And “Superficial” Is A Taking
Here’s the amici brief we filed today on behalf of the Owners’ Counsel of America and the National Federation of Independent Business Small Business Legal Center with the California Supreme Court in Property Reserve, Inc. v. Dep’t of Water Resources, No. S217738. In that case, the court is reviewing a decision of the Court …
Upcoming Conferences – Kelo In Connecticut, APA And The ESA
A couple of noteworthy conferences upcoming, one in-person, the other a “webinar” format:
- The first is “Kelo: A Decade Later” at the U. Connecticut Law School, Friday, March 20, 2015, from 8:30 am – 4:30 pm. The conference promises to “look back at the decision and its repercussions,” and includes the lawyers for
…
Movie Review: Leviathan – “The Castle” Gone Bad
Frequent readers know that we just love the Australian comedy film “The Castle,” which tells the tale of one man’s legal fight to save his family’s home from the abusive exercise of eminent domain power. (See “Kelo Down Under,” our review.) The case is played for laughs and in the…
Minnesota Supreme Court Orders Power Company To Buy The Farm – Literally
When we hear the phrase “buy the farm,” we think of the cliche from the old war movies, not eminent domain.
But in Minnesota, “buy the farm” is taken literally. In Great River Energy v. Swedzinski, No. A13-1474 (Mar. 4, 2015), the Minnesota Supreme Court interpreted that state’s “buy the farm” statute…
Honolulu Rail FAQ’s (And Answers) From Last Week’s Community Meeting
If you didn’t have a chance to attend last week’s community meeting on the Honolulu rail project and property rights at Farrington High School, we’ve posted the audio clips, which include the big picture, the current status, and a series of frequently asked questions.
- FAQ’s and background (including “The Numbers: How Much Land, How Much
…




