Here’s a case that’s pending in the New York Court of Appeals that has been briefed and is awaiting argument.
In Natural Fuel Gas Supply Corp. v. Schueckler, No. 17-02021 (Nov. 9, 2018), the Appellate Division answered this question:
This appeal therefore presents a novel question of condemnation law: can a corporation involuntarily expropriate
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
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.
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
Here’s what we’re reading today, in between real work:
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:
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
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):
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:
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