As part of a federally-funded highway project, the WV DOT took a portion of parcels belonging to several property owners. The partial takings ended up landlocking one tract. So the DOT proposed building an access road to that parcel. The owners didn’t think this was the best idea, because “maintaining a road in that area
BIO In “Take-First-Pay-Later” Natural Gas Act Condemnation
Here’s the Brief in Opposition, in Like v. Transcontinental Gas Pipe Line Co., LLC, No. 18-1206 (Apr. 17, 2019), the case which we’ve been following (and in which we filed this amici brief).
This is the case in which landowners are challenging the district court’s issuance of an injunction in a Natural
Materials And Links From Today’s Austin Eminent Domain CLE
Great crowd today in Austin for CLE International’s Eminent Domain seminar, co-chaired by our colleagues Chris Clough, Sejin Brooks, and Christopher Oddo. We spoke about “National Trends and Developing Issues in Eminent Domain.”
Here are the cases I referred to which are not included in your written materials:
It’s The Vibe Of It: High Court Of Australia Confirms Compensation Due For Loss Of Native Land Title
After-class graffiti. My students know me too well.
As anyone who follows this blog consistently must understand by now, perhaps our favorite courtroom scene in a law-related movie is The Castle‘s closing argument by Dennis Denuto, Esq.
In summing up, it’s … the [Australian] constitution, it’s Mabo, it’s justice, it’s law, it’s the vibe
33rd Annual Land Use Institute: Baltimore April 11-12, 2019
Come join us at the 33rd Annual Land Use Institute, in Baltimore, Maryland, April 11-12, 2019.
As the brochure notes:
This Annual Land Use Institute program is designed for attorneys, professional planners, and government officials involved in land use planning, zoning, permitting, property development, conservation and environmental protection, and related litigation. It not only
New Cert Petition: No “Take-First-Pay-Later” In Natural Gas Act Condemnations
Here’s the cert petition we’ve been waiting to drop.
If you follow this blog, you know we are all over the issue of the quick-take-by-injunction scheme that private condemnors have cooked up, and which a majority of federal courts go along with.
Here’s the issue: can a private condemnor exercising the delegated eminent domain power
Dwight Merriam Interviewed On Border Wall Legal Issues
Our colleague Dwight Merriam was recently interviewed on the radio about issues surrounding the existing and proposed wall and fence along portions of the southern border.
If you want to get educated on this issue, here’s the quick way to do it.
Dwight discusses funding, emergency powers, the Declaration of Taking Act, and other topics.
New Cert Petition: You Don’t Need Positive Cash Flow To Have Investment-Backed Expectations
Here’s one we’ve been meaning to post for a while, the latest in a case we’ve been following. Yes, its the Love Terminal Partners cert petition.
Rather than go into the details about the case, we instead refer you to our post about the Federal Circuit’s opinion, the Court of Federal Claims verdict
Cal App Finds Goodwill For Donuts: Shop Owner Entitled To Loss Of Goodwill Damages, Even Where It Has Not Mitigated The Entire Loss
Who among us doesn’t possess a lot of goodwill for doughnuts? We know we sure do.
So when we think of “Los Angeles,” what comes to mind: sunshine, beaches, Hollywood, and sprawl? No. What comes to mind are chili, hot dogs, and doughnuts. Those items — more precisely, the roadside architecture which
Guest Post: Financial Inconsistency Bedevils Takings Decisions
Thank you to our colleague, economist William Wade, for sending along this piece, reacting to a recent decision by the Massachusetts Appeals Court.
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Financial inconsistency bedevils takings decisions
This blog recently reported on a Massachusetts Appellate Court takings case ruling (Smyth v. Conservation Comm’n of Falmouth, No.