We’ve had bridges on our minds lately. Plus, we’ve been meaning to post the Nebraska Supreme Court’s opinion in Strode v. City of Ashland, No. S-15-956 (Oct. 28, 2016) for a while, and it is coincidentally about a bridge. So the title to this post came to us quickly, and naturally. But writing
4th Circuit (Unpublished): Federal Court Facial Takings Claim Ripe After Removal By Govt To Fed Court
We don’t usually post unpublished opinions, but the Fourth Circuit’s recent decision in Clayland Farm Enterprises, LLC v. Talbot County, No. 15-1755 (Dec. 2, 2016), raised some issues worth your time.
The property owner brought its claim in Maryland state court claiming, among other things, that the County’s two indefinite moratoria on development and
Mark Your Calendars: The Land Use Institute Is Returning – February 1-2, 2017, Miami
After a short absence and a change of lead sponsor (from ALI-CLE, to the American Bar Association’s Section of State and Local Government Law), the Land Use Institute is back on.
Download the print brochure here, or visit the LUI web site for more. It will be held February 1-2, 2017, in Miami
Amici Brief: On Unsettled Questions Of State Law In Takings Cases, Federal Courts Shouldn’t Guess
Here’s the follow up to that cert petition we recently posted. In Romanoff v. United States, 815 F.3d 809 (Fed. Cir. 2016), a rails-to-trails case, the Federal Circuit was confronted with a question about how New York property law treated an easement. In that case, the easement was granted for railroad purposes, and
ALI-CLE Eminent Domain & Land Valuation Litigation Conference, San Diego, January 26-28, 2017: Final Brochure
Here’s the final brochure for the upcoming ALI-CLE Eminent Domain and Land Valuation Conference, set for January 26-28, 2017, in San Diego.
Early registration gets you a discount (code CY009MK), as does multiple registrations from one office, so now’s the time to commit to joining us for our annual gathering (the 34th Annual) of
Peak Posner At The 7th Circuit: Cab Companies Were Chumps To Rely On A Govt Monopoly To Protect Them From Competition
SCOTUS Amicus Brief: Court Can’t Arbitrarily Reduce A Lawyer’s “Stock In Trade”
Here’s the amici brief we’re filing in a case which we told you about earlier, involving the way attorneys’ fees get calculated when a statute allows fee shifting.
This is the afterglow of a rails-to-trails takings case, in which the property owners are entitled under the Uniform Relocation Act to attorneys’ fees. We like.
Cal App: In-Lieu Housing Fee Isn’t An “Exaction,” And Isn’t A Taking
We were getting ready to dig into the California Court of Appeal’s opinion in 616 Croft Ave., LLC v. City of West Hollywood, No. B266660 (Sep. 23, 2016), when our ABA State and Local Government Law colleague Bryan Wenter wrote up the case on his firm’s land use blog, saving us the trouble.
NC Map Act: DOT Ordered To Pay For Designating Property For Future Highway Use (But Then Not Taking It)
Here’s the latest in a case we’ve been following, and which earlier resulted in a very good decision from the North Carolina Supreme Court.
In Kirby v. North Carolina Dep’t of Transportation, No 56PA14-2 (June 10, 2016), the N.C. Supreme Court held that the “Map Act,” a statute by which the DOT designated vast
Details: ALI-CLE Eminent Domain And Land Valuation Conference – San Diego, January 26-28, 2017
We’ve teased some of the details on the 2017 ALI-CLE Eminent Domain and Land Valuation Litigation and Condemnation 101 Conference, to be held at the Westin San Diego, January 26-28, 2017, but here are the details you’ve been waiting for.
This is the “big one,” our annual 3-day festival of all things eminent domain