A must-read from the Oklahoma Court of Appeals. In City of Muskogee v. Phillips, No. 111,501 (Nov. 21, 2014), the court invalidated a taking, concluding that it was not a public use under the Oklahoma Constitution for a city to condemn private property for a parking lot when the primary apparent beneficiary of the
Eminent Domain | Condemnation
Yet Another Effort To Justify Taking Mortgages By Eminent Domain
We’ve been over this territory before:
- Farpotshket Alert: Plan To Take Mortgages By Eminent Domain Is Back
- Surprise – New Article In Mortgage Resolution Partners Law Review: Use Of Eminent Domain To Take Mortgages OK!
- Mortgage Taking Tuesday – Mission: Impossible?
- Materials And Links From Today’s ALI-CLE Presentation On Condemnation Of Underwater Mortgages
- Mortgage
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N.C.’s Map Act: Clouding Use By Condemnation On The “Long Road to Nowhere”
Check out this story from today’s Greensboro/Winston-Salem (NC) News-Record, “DOT’s long road to nowhere angers property owners” about the practice in North Carolina of using “protected corridors” to designate property under the state’s Transportation Corridor Official Map Act for future highway use, but then not condemning and paying for the land (while…
A Clear-Eyed Explanation Of The TransCanada Keystone XL Pipeline Eminent Domain Issue
The use of eminent domain for energy transmission corridors has become a hot topic lately. See, for example, the following posts:
- TransCanada Keystone Pipeline Is Common Carrier With Eminent Domain Power
- Private Pipeline Lacks Eminent Domain Power – Not “In Public Service” Because It Is Transporting Through Kentucky, Not To Kentucky
- Colorado: Company Lacks Eminent
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Brigham-Kanner Property Rights Conference – Panel Videos Now Available
For those of you who couldn’t join us at the William & Mary Law School last month for the Brigham-Kanner Property Rights Conference (see our report here), the law school has made videos of the four panel presentations available here.
They’re high quality videos, so be prepared for big downloads, but the…
Oregon Supreme Court Asked To Rule Whether Highway Access Is Property Right
In reading State of Oregon v. Alderwoods (Oregon), Inc., No. A146317 (Sep. 17, 2014), we learned two things we didn’t know before: that the Oregon Court of Appeals can sit “en banc,” and also that it can affirm by an equally-divided court. Eight judges considered the case, and since the split was 4-4, the…
Links From Today’s ABA Talk On The AIG Bailout Takings Case
To all who were able to join today’s ABA Section of Real Property, Trust and Estate’s Condemnation, Zoning and Land Use Committee’s call on the AIG takings trial, currently pending in the U.S. Court of Federal Claims, thank you for participating. I’ve posted the entire talk (minus questions) above.
Here are the links to the…
Thursday Round-Up: “Five Easy Pieces” Talk, Re-appraisals, Foie Gras Ban Lives, Kelo In China, Kelo Movie
Here’s what caught our eye today:
- Last evening, we attended lawprof Gregory S. Alexander‘s talk at the U. Hawaii Law School, “Five Easy Pieces: Recurrent Themes in American Property Law.” You know it’s not a real academic talk until the speaker uses the words “normative” and “neologism,” and Professor Alexander did not disappoint. But
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2014 Brigham-Kanner Property Rights Conference Report: Honoring Michael Berger
“You can’t have rights without advocates.”
– Michael Berger
We’re at the William and Mary Law School in Williamsburg, Virginia today for the 11th Brigham-Kanner Property Rights Conference. As we’ve noted earlier, Michael Berger is this…
ALI-CLE 2015 Eminent Domain and Land Valuation Litigation & Condemnation 101 Agendas And Faculty Announced
If you haven’t already, please mark you calendars: the agendas and faculty lists for the February 5-7, 2015 ALI-CLE eminent domain programs in San Francisco have been finalized. Registration is ongoing, and there’s even a few more days left for the early registration discount. Substantial group discounts are also available.
We’re talking, of course…



