Following up on the petition, filed last Friday, asking the Virginia Supreme Court to review a trial court’s demurrer which failed to recognize that the owners of a state lease to harvest oysters in the Nansemond River have a property interest . The court concluded that the city and santitation district possess a superior
City: We Have The Right To Pollute – Virginia Oystermen’s Petition Asserting A Taking
Just filed: this Petition for Appeal in a case which our William and Mary Law class has a special interest in.
The above photo was taken a couple of weeks ago, when we paid a visit to the property owner/plaintiffs, the owners of a long-standing oyster business operating out of the City of Suffolk, Virginia.
Don’t Miss Out: Join The “Big Guns” And Secure Your Space At ALI-CLE’s Upcoming Eminent Domain & Land Valuation Litigation Conference (Jan 23-25, 2020, Nashville)
We were not as creative as our colleague Paul Henry (see below), but our Planning Co-Chair Joe Waldo and I wanted to personally invite you to join the “big guns” in our area of law at the 37th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 23-25, 2020, in Nashville, Tennessee.
We’ve
Latest In SCOTUS Penn Central Cert Petition
Here’s the latest in a case we’ve been following for a while, Smyth v. Conservation Comm’n of Falmouth, No. 19-223 (cert. petition filed Aug. 16, 2019).
The petition seeks review of a Massachusetts decision which held that a judge, not a jury, determines Penn Central takings questions, and also that the owner lost anyhow
Law 608’s [Continuing] Playlist: More Takings And Related Road Trip Music
You may recall that last October, we attended the first round of Supreme Court oral arguments in the Knick case with our William and Mary law class (Law 608: Eminent Domain and Property Rights).
And even though there’s not a takings case on the Court’s current docket, we figured that the Maui Clean
Hot Take On The Maui Clean Water Act Arguments (Protip: ARRIVE EARLY)
Road Trip SCOTUS: Maui Clean Water Act Oral Arguments (11/6/2019)
We’re on the road early tomorrow for another visit to SCOTUS with our William and Mary Law School class. We hope to get in for the arguments in the Maui Clean Water Act case. Last year, we attended the first Knick arguments in October, and we wanted to repeat the experience for this year’s
Register Now! ALI-CLE Eminent Domain And Land Valuation Litigation Conference (Nashville, Jan 23-25, 2020)
Registration underway, so come join us! Agenda full of hot topics in takings and appraisal law! The best national faculty! Renew friendships, and make new colleagues! And Nashville!
Download the brochure and make your plans for January. (Don’t wait, we’ve sold out the past three years.)
Citizens Sue Maui Mayor (Finally) To Force Him To Settle SCOTUS Clean Water Act Case – But Is It Too Late To Scuttle The Arguments?
Here’s the other shoe that we’ve been waiting to drop.
Recall that in our last post on the pending Clean Water Act case (SCOTUS oral arguments scheduled for November 6, 2019 – yeah, as in one week from tomorrow), we suspected that a declaratory judgment action would be filed in a Hawaii state
All Of Our Past California Wildfires And Inverse Condemnation Posts
With the ongoing wildfire dramas ongoing across California, several of you have asked us to collect the posts we have done about inverse condemnation liability in one place. So here you go:
- Lights Out In The Land Of No: The Practical Effects Of California’s Wildfire Inverse Condemnation Doctrine
- Cal Supreme Court: Stop Saying Inverse Condemnation