Just Compensation | Appraisal

Every law school graduate surely remembers that 1L Contracts case about the two ships named “Peerless” and the doctrine of mutual mistake.

In Marchbanks v. Ice House Ventures, LLC, No. 2022-0047 (June 8, 2023), the Ohio Supreme Court rejected the DOT’s claim that a previously-agreed-upon agreement to settle an eminent domain action did not

Screenshot 2023-07-08 at 12-41-47 Property as Service Streams

New noteworthy dirt law scholarship, from U. Chicago’s Prof. Lee Anne Fennell, “Property as Service Streams.” Here’s the Abstract:

Property’s job is to help people derive benefits from resources. But often it cannot do this work well. A core problem is an outmoded model of benefit production that treats the individually owned parcel

Here’s a short one from the Kansas Supreme Court. In Kansas Fire and Safety Equipment v. City of Topeka, No. 123,063 (June 30, 2023), the court concluded that the requirements of the Kansas Relocation Act do not give rise to a private right of action, and that relocation costs are not a component of

Here’s the latest in a case we’ve been following.

In Ideker Farms, Inc. v. United States, No. 21-1949 (June 16, 2023), the U.S. Court of Appeals for the Federal Circuit held that temporary, but recurring government-caused flooding was correctly treated by the Court of Federal Claims as a categorical per se taking, and

A new cert petition to check out. We don’t need to explain it much, because the petition does a good job of it.

Here’s the Question Presented:

New York State redevelopment agency seized, via eminent domain, a large tract of real estate occupied by an existing building in downtown Brooklyn for redevelopment. The building, partially

Smiley

Check out this one from the Massachusetts Supreme Judicial Court, Smiley First, LLC v. Dep’t of Transportation, No. SJC-13300 (May 23, 2023). [But first, a disclosure: our law firm filed this amicus brief in support of the property owner.]

Now that that is out of the way, here’s the case.

Back in 1991, MassDOT’s

Screenshot 2023-05-08 at 22-48-29 Post Feed LinkedIn

Missed out on the 2023 ALI-CLE Eminent Domain and Land Valuation Litigation Conference back in February in Austin, and the legendary “Condemnation 101” track?

Well, here’s your chance to get the knowledge. On May 18, 2023, ALI-CLE is going live with a rebroadcast of that program, including real-time Q & A

1992 Aerial Photo Island2
Shands Key, with the City of Marathon in the background

This just in: in Shands v. City of Marathon, No. 3D21-1987 (May 3, 2023), Florida’s Third District Court of Appeals held that the city’s downzoning the property (Shands Key, shown above in an exhibit from the Key West trial we participated in in June

Take a deep dive into the arguments and amicus briefs

This Wednesday, April 26, 2023, the U.S. Supreme Court will hear oral arguments in Tyler v. Hennepin County, No. 22-166, our law firm’s case which argues that Hennepin County’s keeping the excess value in Ms. Tyler’s home over what she owed in property taxes