A short one from the Virginia Supreme Court. In Palmyra Associates, LLC v. Comm’r of Highways, No. 191680 (Dec. 17, 2020), the court upheld the exclusion of evidence about a property’s “before” condition in a partial take case, concluding that the proffered evidence of the property’s development potential was too speculative. Or, more accurately
Nebraska: Condemnor Asking To Overturn Jury’s Compensation Verdict For (Alleged) Evidentiary Errors Asks Too Much
The docket is pretty crowded today, so we don’t have that much time to digest and summarize the Nebraska Supreme Court’s opinion in Douglas County School Dist. No. 10 v. Tribedo, LLC, No. S-19-986 (Nov. 6, 2020). But we recommend you read it (or at least scan it).
Short story: Tribedo got the better
Brigham-Kanner Property Rights Conference Videos Now Available
In case you missed any part of it: the recordings of the recent 2020 Brigham-Kanner Property Rights Conference are now available.
Go here for the descriptions of the panels, speakers, and links to the recorded sessions.
This year’s conference, held on October 1-2, opened with the Brigham-Kanner Property Rights Prize being awarded to Professor
Randy Smith: “Nailing Down Knick and Governmental Takings in Louisiana”
Check this out, a quick read from our New Orleans colleague Randy Smith, his article from the current edition of the Louisiana Bar Journal, “Nailing Down Knick and Governmental Takings in Louisiana.“
Therein, he tells the story (inter alia) of Violet Dock Port (see here and here for two
Wisconsin Supreme Court Oral Argument: Can Condemnor Omit Severance From The “Full Narrative Appraisal” Required For The Jurisdictional Offer?
Here’s the recording of this morning’s oral arguments in an important eminent domain case being considered by the Wisconsin Supreme Court. (We had some trouble with the stream, so if the above video doesn’t work, try this link instead.)
This is a case we’ve been following (court of appeals’ opinion in
Your 2020 Brigham-Kanner Property Rights Conference Bingo Card
There’s Still Room: Join Us For The 17th Annual Brigham-Kanner Property Rights Conference (Online, Free!)
Although it is set to launch this Friday, October 2, 2020, there’s still more than enough time to register (and room at the inn) for you to join us for the 17th Annual Brigham-Kanner Property Rights Conference at the William and Mary Law School.
Like everything else this season, the Conference is online (
Breaking: News About The 2021 ALI-CLE Eminent Domain & Land Valuation Litigation Conference (Jan. 28-29, 2021)
News just in: we’ve just received confirmation that the Conference will not be in-person in Scottsdale in January 2021, and we’re going online.
Not a big surprise, but still a bit disappointing, and it’s a shame that the circumstances won’t allow us to meet in-person to talk shop and to renew our friendships like we
New Ag Law In The Field Podcast Ep: Jim Spivey On Eminent Domain & Just Compensation
Tiffany Lashment’s “Ag Law in the Field” podcast is one of those you really should follow. Every episode is worthwhile in our opinion. The latest episode is a chat with Texas property owner lawyer Jim Spivey. From the show notes:
Eminent domain is one of the most popular topics we cover. Today, we are focusing on the important issue of compensation when property is being condemned. San Antonio-based attorney, Jim Spivey, joins us to talk us through many helpful concepts related to compensation, and offers important tips to Texas landowners dealing with eminent domain.
Check it out.
Continue Reading New Ag Law In The Field Podcast Ep: Jim Spivey On Eminent Domain & Just Compensation
Utah: As Long As A Taking Is For The Birds, Not The Enviro Plaintiffs, It’s A Public Use
In Utah Dep’t of Transportation v. Coalt, Inc., No. 20161063 (Aug. 17, 2020), the Utah Supreme Court dealt with a public use and a just comp issue.
The first is perhaps the more interesting. After a federal court upheld environmentalists’ challenge to the Environmental Impact Statement prepared by UDOT for its Legacy Parkway Project