In Masloka v. Public Utility District No. 1, No. 101241-1 (Aug. 3, 2023), the Washington Supreme Court held that a takings claim did not automatically transfer to a new property owner when the property was sold.
Your first reaction might be like ours, “what about Palazzolo!?” Didn’t that case say that transfer of
Check out this now-under-consideration Petition for Review, which asks the California Supreme Court to take up a case involving Murderers Creek, in Pleasant Hill, California. (Now there’s a jarring juxtaposition for you.)
The case started off as a “routine inverse condemnation case.” Pet. at 2. When Murderers Creek flooded, it damaged the plaintiffs’
Check this out, a new student-authored note from William and Mary third-year law student Alex Boone, “The Tide’s Coming In: A New Case for Beachfront Property Rights in South Carolina,” 47 Wm. & Mary Envtl. L. & Pol’y Rev. 383 (2023).
Here’s the Abstract:
Part I of this Note explores the scientific data
A quick one from the Indiana Supreme Court (thanks to our Pacific Legal Foundation colleague Sam Spiegelman for the heads-up on this one).
In Town of Linden v. Birge, No. 22S-PL-352 (Mar. 7, 2023), the court held that intermittent government-induced flooding of property is treated as a permanent invasion and a per se taking
There’s not a lot new to report in the U.S. Court of Appeals for the Seventh Circuit’s opinion in Kreuziger v Milwaukee County, No. 22-2489 (Feb. 13, 2023). But there’s a bit of old that make it worth posting.
The issue the court considered was whether riparian property owners have any protectable interest in
Here are the opinions that we spoke about this afternoon at the Land Use Institute on “The Use of Eminent Domain for Redevelopment & Economic Development Projects.”
We were eagerly anticipating 40th American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference. The 2022 Conference in Scottsdale was one of the first meetings where everyone was back in-person (and was a smashing success), but that conference was early in the game so not everyone could or would attend. But in the past
If your first reaction to the Texas Court of Appeals (First District)’s decision in City of Houston v. The Commons of Lake Houston, Ltd., No. 01-21-00369-DV (Jan. 12, 2023) is scratching your head, then please come join us in bewilderment.
After all, the court held that a takings claim failed because the city
We really want you there…
One (nearly) last reminder that there’s still time to register for your space at the 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, February 1-4, 2023, in Austin. In the past several years, we have sold out due to the conference room capacity and the conference hotel block.
Due to our 808 roots, we’ve been fielding a lot of questions related to the ongoing eruption of Mauna Loa on the Big Island.
It’s big, it’s spectacular (see video above), and (for us) it’s law.
The questions (who owns “accreted” lava?, how does the NPS let the public out to see this?, what