Here’s the latest in an issue we’ve been following for a while. You recall that several years ago, a divided panel of the Ninth Circuit held there’s nothing particularly special about an unresolved takings claim for just compensation that sets it apart from other creditor claims in a government bankruptcy.
The Ninth Circuit majority held
By now, you know that the 19th Brigham-Kanner Property Rights Conference is set for September 29-30, 2022, at the William and Mary Law School in Williamsburg, Virginia (register here – space is limited – fee ranges from free to $195 – a bargain!). And you know that our colleague Jim Burling is this
In honor of property rights advocate and trial lawyer Toby Prince Brigham (1934-2021), Owners’ Counsel of America has endowed a scholarship for a second- or third- year law student to attend the annual three-day ALI-CLE Eminent Domain and Land Valuation Litigation Conference (the upcoming Conference will be in Austin, Texas, February 2-4, 2023.
In honor
In case you have not already obtained your printed copy (you really should subscribe), it is now available in pdf format.
The theme for the issue is “Where Theory Meets Practice,” and with articles on “Property Beyond Flatland,” “Property Rights and the Modern Resurgence of Rent Control,” “Hurdles to Just Compensation,” “Implied Preemption in
On one hand, there’s nothing terribly surprising about the Texas Supreme Court’s opinion in Hlavinka v. HSC Pipeline Partnership, LLC, No. 20-0567 (May 27, 2022) holding that yes, “polymer-grade propylene” qualifies as an “oil product” under Texas statutes that allow a private pipeline company to take property to transport oil products, and that yes
Not too long ago, we posted the Fifth Circuit’s panel opinion in a case where the court held that there’s nothing a federal court can do if a local government does not pay a state-court just compensation judgment. We filed an amicus brief in that case arguing “[t]he Takings Clause does not permit the Sewerage
Here’s an issue that we’ve been following for a while. What will a court do when a condemnor is ordered to pay (the property owner has a judgment in hand), but the condemnor says “no thanks”?
The latest incarnation is the U.S. Court of Appeals’ opinion in Ariyan, Inc. v. Sewerage & Water Board
Check this out: the International Right of Way Association’s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.” (This is the “international” right of way association, so that last qualifier is important.)
And what is really nice is that they make the report available
After a two-year absence in which we went remote, in the last week of last month (our usual spot on the calendar, between the playoffs and Super Bowl), we once again met in-person for the American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference.
Approximately 200 lawyers, judges, legal scholars, appraisers, law students
An article, from the just-published issue of the Brigham-Kanner Property Rights Journal, about a rarely-covered academic topic, just compensation.
Brian A. Lee (Brooklyn), “Equitable Compensation” as “Just Compensation” for Takings, 10 Brigham-Kanner Prop. Rts. J. 315 (2021).
Here’s the Abstract:
The Fifth Amendment’s requirement that the government pay “just compensation” to owners of
