As we all understand, when valuing property in eminent domain, the highest and best use of not limited to the property’s existing use or its current zoning. The owner is entitled to prove that she could reasonably make a more intensive use of the property.
Rodman v. Commonwealth, No. 12-P-223 (Oct. 7, 2014) involved
Here’s a very important case from the Pennsylvania Supreme Court (Middle District). The question before the court in Reading Area Water Auth. v. Schuylkill River Greenway Ass’n , No. J-13-2014 (Sep. 24, 2014) was this:
The primary question raised is whether a municipal authority may exercise its eminent domain powers to condemn an easement over
We like the Texas Supreme Court, because (among other things) it livestreams oral arguments, and once completed, archives them for those who can’t be there in person, or watch live. So even though we couldn’t make it to Austin for the arguments earlier this month in Texas v. Clear Channel Outdoor, Inc. (a case
We’re tied up in court today, so don’t have time to post up the latest cases which have crossed our desk in the past few days.
We will get to them soon, but in the meantime, check out this story (“The Stubborn ‘Nail Houses’ That Refuse to Get Demolished“) from Gizmodo (a blog about
A reminder: the 11th annual Brigham-Kanner Property Rights Conference is coming up on October 30-31, 2014, at the William and Mary Law School in Williamsburg, Virginia. As we noted earlier, Michael Berger will receive the Brigham-Kanner Prize, so this one is special – he’s the first practitioner to receive the Prize.
More here, from
Here’s our latest article, from the upcoming edition of The Practical Real Estate Lawyer, via ALI-CLE.
Despite its grand title, “A Full and Perfect Equivalent for Just Compensation: The Historical Context and Practice,” its just a short piece that asks whether just compensation is the next big thing, identifies three issues in
Remember that case which we posted about earlier, in which the City and County of Honolulu condemned an undeveloped lot in rural Oahu for a fire station, but has been met with staunch resistance by the property owners? Not only did we post on the case, but it made national waves, also.
The City
Here’s an opinion from the California Court of Appeal, issued last month but unpublished, which was recently ordered published by the court. It’s a lengthy (38 pages) and somewhat detailed opinion, but for those of you who do eminent domain, it’s a worthy read because it covers many bases, and covers them well.
First, the
After a couple of days detouring to election law, today we’re back to our usual programming.
We caught wind of an upcoming book (September 2014), “Private Property and Public Power: Eminent Domain in Philadelphia,” by Barnard College Professor Deborah Becher. “Her book—the first comprehensive study of a city’s eminent domain acquisitions—explores how
We were all set to write up the New Jersey Supreme Court’s opinion in Borough of Merchantville v. Malik & Son, LLC, No. A-55 (Aug. 7, 2014) when we thought to ourselves “Tony Della Pelle and his crew at NJ Condemnation Law probably have this one covered already.”
Sure enough, they did. See