When the relief sought in a lawsuit is to compel the State to enact legislation a particular way, you have to know that in most courts that dog won’t hunt. Separation of powers, political question, et cetera, et cetera.
So even though it isn’t about takings or compensation, you should check out the Iowa
In Protect and Preserve Kahoma Ahupuaa Ass’n v. Maui Planning Comm’n, No. SCWC-15-0000478 (June 16, 2021), the Hawaii Supreme Court reaffirmed the idea that all members of the public have a right under the Hawaii Constitution to a “clean and healthful environment,” and that this is a “property” right entitled to due process protection
Here’s the latest in a case we’ve been following. It’s not exactly a “new” cert petition, but one which we missed when it was filed back in February.
This one comes up via the Court of Federal Claims and the Federal Circuit, with the latter vacating the CFC’s award of partial compensation
Mark your calendars for September 30 – October 1, 2021, and join us at the William and Mary Law School in Williamsburg, Virginia for the 18th Annual Brigham-Kanner Property Rights Conference. It’s planned to be in-person, so when we mean “join us” we really mean join us.
This year the Conference will recognize the lifetime
This In Chambers Order recently issued by a federal district judge may just be the most unusual, flat-out wild judicial opinion we have ever read.
Citing the Gettysburg Address, Brown v. Board of Education, systemic racism (including eminent domain) systemic sexism, and a slew of newspaper articles, the Central District of California (without even
This is either a petroglyph of an alien astronaut who visited Earth and gave
ancient peoples wonderful space technology like how to build
the Pyramids, or it’s a guy playing a flute.
When an opinion starts off by characterizing your complaint as asserting “a bevy of claims,” you know you
In which we join the Pendulum Land Podcast (again, thank you hosts!) to talk about the Virginia Supreme Court’s recent opinion in Johnson v. City of Suffolk, the case we label the “oyster takings” case in which Hampton Roads oystermen claimed that their property was taken when the City of Suffolk and the Sanitation
You remember that Seventh Circuit case challenging (as, inter alia, a no-public-use taking) the location of the Obama Center in Chicago’s Jackson Park under the public trust (from the home of the American public trust doctrine, Chicago)? We wrote about it in “Friends Without Benefits: CA7 Rejects Takings Claim For Obama Center
When we hear “Pennsylvania” and “coal,” our ears perk up and we naturally think of this case and regulatory takings.
But the Pennsylvania Supreme Court (Western District)’s opinion in DPBS Coals, Inc. v. Penn. Dep’t of Transportation, No. 41 WAP 2019 (Jan. 20, 2021) isn’t a regulatory takings case, but dealt with more traditional
Yes, it starts tomorrow, Thursday, January 28, 2021, but we’re “remote” this year, so it is not too late to register to join us for the 38th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference. This is the “big one” where the nation’s best practitioners, scholars, jurists, and other industry professionals gather to talk