The holding of the Indiana Court of Appeals in City of Kokomo v. Estate of Newton, No. 19A-PL-1321 (Dec. 18, 2019) is deceptively simple: if a party does not own a formal interest in the property being taken, evidence of the damages which it incurred as a result of the condemnation isn’t relevant to
Space Still Available For ALI-CLE Eminent Domain Conference, Nashville Jan 23-25, 2020
If you get this, you need to attend the 37th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference, January 23-25, 2020, in Nashville.
And if you don’t get this, you need to attend more.
NC Supreme Court Considers Just Compensation For Formerly Indefinite–But Now Temporary–“Map Act” Takings
This time last week, we were sitting in the North Carolina Supreme Court’s (very beautiful) courtroom, above, having just observed oral arguments in a case we’ve been following for quite a while, Chappell v. NCDOT, No. 51PA19 (docket here).
This case is the follow up (after remand) of the N.C. Supreme Court’s
Owner Objects To Being Offered *More* Compensation: DOT’s Offer Invalid Because It Included Severance Damages The Appraisal Omitted
Here’s one where you have to stop and pause and ask “why?” Because most of the time, you’d think that an offer to the property owner made by DOT that included more compensation than DOT’s own appraisal recognized would be a good thing.
Apparently not here: DOT’s appraiser opined that the owner incurred no severance damages
What’s At 712 4th Street, S.W., Washington DC? Your Invite To The 2020 ALI-CLE Eminent Domain Conference (Jan 23-25, Nashville)
Don’t Miss Out: Join The “Big Guns” And Secure Your Space At ALI-CLE’s Upcoming Eminent Domain & Land Valuation Litigation Conference (Jan 23-25, 2020, Nashville)
We were not as creative as our colleague Paul Henry (see below), but our Planning Co-Chair Joe Waldo and I wanted to personally invite you to join the “big guns” in our area of law at the 37th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 23-25, 2020, in Nashville, Tennessee.
We’ve
What Is The Original Public Meaning Of The Fifth (And Fourteenth) Amendments?
Here’s the video of (most, but not all of) the recent session featuring four lawprofs discussing “Originalism and Constitutional Property Rights” at the Federalist Society lawyers’ meeting.
Interesting debate, all about the text of the Fifth and Fourteenth Amendments, the “original public meaning of the Takings and Due Process clauses, and all that
Florida Dep’t of Ag’s Middle Finger To The Courts And Property Owners: We Were Ordered To Pay Full Compensation…But We’re Not Going To
All seemed to be going well for the property owners in a Florida takings case. They obtained a satisfactory compensation judgment for the taking of their healthy citrus trees (yes, this is that case). And because Florida’s Constitution requires “full” compensation, they were also entitled to attorneys’ fees and costs. $13 million in compensation
Register Now! ALI-CLE Eminent Domain And Land Valuation Litigation Conference (Nashville, Jan 23-25, 2020)
Registration underway, so come join us! Agenda full of hot topics in takings and appraisal law! The best national faculty! Renew friendships, and make new colleagues! And Nashville!
Download the brochure and make your plans for January. (Don’t wait, we’ve sold out the past three years.)
Apparently, Trees Are Not Property In Nebraska
We read the Nebraska Court of Appeals’ opinion in Russell v. Franklin County, No. A-18-827 (Oct. 15, 2019), twice, just to be sure we were understanding the holding and rationale correctly. Apparently we were: the court held that when the State (inadvertently) takes property — here, the County highway maintenance department entered the plaintiffs’