The details are yet to be posted on the web, but mark your calendars now for an upcoming (two weeks from today, on Friday, June 21, 2019) Federalist Society teleforum, produced by the Environmental and Property Rights Practice Group, about an issue that we’ve been following that is the subject of at least three
Links From Today’s Portland Eminent Domain Conference
Here are the links to the cases which were not in your materials. Theme of the day: amateurs!
Our thanks to colleagues Jill Gelineau and Paul Sundermier for asking us to present. It was good to see our Oregon friends again.
Are Pipelines For The Public’s Benefit? If So, What Public?
An issue we’ve been tracking for a while — are takings for pipelines for the public’s benefit? — raises another question: how is “the public” defined?
Some courts, like Kentucky’s, define the public as the public which the jurisdiction serves. In the Bluegrass Pipeline case, for
Friday Reading: Pipeline Injunctions, Justifying Kelo, And Maui Groundwater Case
Here’s what we’re reading today, in between real work:
- “Rural families’ eminent domain fight arrives at high court” from Pamela King at E&E News, about this case we’ve been following. Injunctions and “take first, pay later.”
- “John Paul Stevens Is Still Trying To Defend the Kelo Debacle” from Damon
HAWSCT: PUC Must Consider Whether Renewable Biofuel Energy Plant Might Impact Property Right To Clean And Healthful Environment
On one hand, there’s nothing really new in the Hawaii Supreme Court’s opinion in In re Hawaii Electric Light Co., No. SCOT-17-630 (May 10, 2019), because the court has previously told us the answers to each the component questions in the case:
- On the ultimate question posed in the title, must the PUC consider
New Cert Petition: Fifth Amendment Requires California To Spread The Cost Of Wildfire Inverse Condemnations To Ratepayers
Remember that Christopher Nolan movie from a few years ago, “Inception,” with its dream-within-a-dream storyline?
Well, that’s what a recently-filed cert petition which asks the U.S. Supreme Court to jump into California’s inverse-condemnation-liability-for-wildfires issue reminds us of with its taking-within-a-taking argument, as detailed in the Question Presented:
Whether it is an uncompensated
Links And Materials From Today’s Land Use Institute Sessions, Baltimore
Here are the links from today’s two sessions (the first, federal water issues impacting local land use; the second, Bringing and Defending a Takings Case):
- Maui groundwater CWA case
- the public trust along the Indiana shoreline
- tribal fishing rights and … highway culverts?
- WOTUS: son, they’re all my helicopters!
- Auer deference on the chopping
Materials And Links From Today’s Austin Eminent Domain CLE
Great crowd today in Austin for CLE International’s Eminent Domain seminar, co-chaired by our colleagues Chris Clough, Sejin Brooks, and Christopher Oddo. We spoke about “National Trends and Developing Issues in Eminent Domain.”
Here are the cases I referred to which are not included in your written materials:
Audio: Readings From “The Habit of Turning The World Upside Down”
Last week, author Howard Mansfield joined us at the William and Mary Law School for two sessions about his recently-published book, “The Habit of Turning the World Upside Down – Our Belief in Property and the Cost of That Belief.” His book is about property, property rights, and what he has discovered about
33rd Annual Land Use Institute: Baltimore April 11-12, 2019
Come join us at the 33rd Annual Land Use Institute, in Baltimore, Maryland, April 11-12, 2019.
As the brochure notes:
This Annual Land Use Institute program is designed for attorneys, professional planners, and government officials involved in land use planning, zoning, permitting, property development, conservation and environmental protection, and related litigation. It not only