When the city condemned a portion of CED’s property back in 2012 for a highway project (replacing an intersection with a roundabout), the city’s appraiser testified that the taking did not confer any “special benefits” to CED’s remainder parcel. Eventually, CED and the city settled the case and the city paid agreed-upon compensation and severance
Just Compensation | Appraisal
There’s Still Time To Join Us In Detroit: 32d Annual Land Use Institute
Space is filling up, but there’s still time to join us later this month in Detroit for the 32nd Annual Land Use Institute (April-19-20).
We’ll let program Planning Chair Frank Schnidman explain all the reasons why, and we’ll add only these points: (1) it’s a very good program that won’t take much of your time…
Lunch And 15 Minutes: Federal Jury Finds State Land Use Commission Liable For Lucas And Penn Central Taking
As we reported here, the U.S. District Court for the District of Hawaii just finished a jury trial in a regulatory takings case (removed by the defendant State of Hawaii from Hawaii courts) involving a stalled development on the Big Island.
The jury has returned a verdict after 8 days of trial, concluding the…
The Paper Chase Is On!
This fall, I’ll be teaching a new course at the William and Mary Law School in Williamsburg, Virginia.
Here’s the description of Property Rights: Law and Theory (Law 608) from the course catalog:
Property rights and property theory have been essential components of Anglo-American law for centuries, and the protection of the right of…
Tony Della Pelle On “Orange Barrel Litigation: Temporary Takings Caused By Construction”
For those of you who have not recently attended the ALI-CLE Eminent Domain and Land Valuation Litigation Conference (which we held recently in Charleston, and which we’re planning for in Palm Springs in Jnauary 2019), here’s another sampling of the kind of thing we do.
It’s our New Jersey colleague Anthony Della Pelle…
April 19-20, 2018: Land Use Institute, Detroit (Printable Brochure)
Here’s the printable brochure with the details on the 32nd Annual Land Use Institute in Detroit, April 19-20, 2018. We’ve plugged the program before so we won’t do so again, except to say that you really should attend because (1) it’s a very good program that won’t take much of your time (fly in for …
NC: Real Estate Broker Is Qualified To Testify About Fair Market Value
In North Carolina Dep’t of Transportation v. Mission Battleground Park, No. 361PA16 (Mar. 2, 2018), the North Carolina Supreme Court confirmed that real estate brokers — and not only appraisers — can testify about the fair market value of condemned property.
The background is fairly routine — the DOT condemned a portion of a…
32nd Annual Land Use Institute: Detroit, April 19-20, 2018
Mark your calendars, plan to come: Detroit, April 19-20, 2018. For what is perhaps the best deal in CLE (tuition as low as $400), the 32d Annual Land Use Institute, sponsored by our section of the ABA, the Section of State and Local Government Law.
The venue is the…
Coming Soon To A Theater Near You: “Little Pink House”
At the recent ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Charleston, South Carolina, we held an after-hours preview of the upcoming feature film about the Kelo case, “Little Pink House.” (Based on Jeff Benedict’s book, which we reviewed here.)
The filmmakers graciously allowed us to preview it at the…
Rehearing Sought In Major Public Use Case From Louisiana
Here’s the latest in a case we’ve been following out of Louisiana, involving a local Port’s power to seize a Mississippi River docking facility downriver from New Orleans. The Port took the entire VDP facility, made no change in how the property was used, and eventually turned over operation of the facility to…




