You know the drill: DOT takes property and pays compensation for that as part of the project. But the project also resulted in elimination of what was the “shortest indirect access route” to the subject property from the public road, for which the DOT did not pay compensation. Question: is the owner who loses such access entitled to compensation?
Continue Reading SD: Closure Of Intersection And Loss Of Access Is Not Compensable Special Injury
Here’s the Reply Brief in a case we’ve been following (naturally, because it is one of ours).
This is the case where the Court is reviewing the question of the amount of just compensation the county is obligated to provide, if any, for seizing the title to, and then auctioning off Pung’s property to satisfy his debt for unpaid property taxes. The county asserts Pung is entitled to only the proceeds, if any, from the auction (no matter what). Pung asserts he is entitled to just compensation, and that the lower court erroneously presumed that the auction proceeds met that standard.
Continue Reading “The Fifth Amendment does not require an auction; it requires payment of just compensation” – Owner’s Reply In SCOTUS Just Comp/Excessive Fines Case
The view from the podium
That’s right. More than 300 of the nation’s best eminent domain lawyers, judges, appraisers, right-of-way agents, scholars, and other industry professionals are in Savannah for the next two and a half days for what is now known as the American Law Institute (“ALI” alone, no longer with the “-CLE” addition)
In an earlier post (“CAFED: Like We Said Before, “Inevitably Recurring” Flooding Is A Taking“), we covered the U.S. Court of Appeals for the Federal Circuit’s recent opinion in Alban v. United States, No. 23-1363 (Dec. 22, 2025), which held that the failure of the Corps of Engineers to properly operate two
A reminder: there’s still time to join us for the upcoming American Law Institute-CLE Eminent Domain & Land Valuation Litigation Conference in Savannah.
Now in its 43rd year, this flagship gathering remains the undisputed national hub for practitioners, academics, appraisers, and anyone else who lives and breathes property and eminent domain law. We will
We start off 2026 with some good news: after a short hiatus (explained in the episode), Bobby Debelak’s Eminent Domain Podcast is back with Episode 150: “Year in Review and ALI-CLE Preview.”
And we get to join him!
Here’s how Bobby describes the episode:
Bobby returns to the podcast after a brief
We start off 2026 with some good news: after a short hiatus (explained in the episode), Bobby Debelak’s Eminent Domain Podcast is back with Episode 150: “Year in Review and ALI-CLE Preview.”
And we get to join him!
Here’s how Bobby describes the episode:
Bobby returns to the podcast after a brief
We all know that the annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference is 2.5+ days of the best national CLE programming on the stated subject. Get a cycle’s worth of CLE credits, including Ethics, taught by experienced practitioners and legal scholars, across three separate tracks (from which you can choose a la carte
Here’s the latest in a case we’ve been following. [Disclosure: this is one of ours, so we won’t be commenting much at all.]
In Pung v. Isabella County, No. 25-95, the U.S. Supreme Court is considering these Questions Presented:
1. Whether taking and selling a home to satisfy a debt to
As we wrap up another year, it’s time to look ahead to the one event that always gets our eminent domain blood pumping: the annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference. Details, including faculty list, a complete agenda, and registration information is posted here.
Now in its 43rd year, this flagship gathering