An interesting read from the South Dakota Supreme Court, on the often fine line between tort liability and inverse condemnation claims.
A big rain, just weeks after the State completed a highway improvement project which included drainage culverts originally installed in 1949, which could not adequately drain an 8-year rain event. Nearby private property flooded. And
You should be following along with Clint Schumacher’s Eminent Domain Podcast on your own, but in case you missed this one in your feed, be sure to check out the latest episode, which features U. Virginia Law School prof Molly Brady talking about “damage clauses” in state constitutions.
We’re in court today (so blogging about lawyering must yield to the actual practice of lawyering) so we’re going to just post this here, and let you consider it. And maybe wait for our New York City colleagues (who just happen to represent the property owner), to weigh in via their eminent domain blog.
Tomorrow, Saturday, November 11, 2017, is the 100th anniversary of the death of Hawaii’s last monarch, Liliuokalani. The Honolulu Star-Advertiser has a story about the commemoration events.
But here’s a historical tidbit about her which our readers might find interesting: did you know that after she was deposed, and after Hawaii became a
We’re looking forward to a good crowd at the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference, when we shall converge on Charleston, SC, January 25-27, 2018. We’ve received word that our main conference hotel, the Francis Marion, has sold out.
But if you haven’t reserved your space yet, don’t despair. The
Here’s the cert petition which has just been filed in a case we’ve been following since it was instituted in the District Court, Brott v. United States.
The case presents the deceptively simple question of whether property owners who sue the federal government for a taking are entitled to both an Article III
Update: our colleague Bryan Wenter has his take on one of the cases denied review here (“U.S. Supreme Court Again Declines to Consider Important Property Rights Issue Regarding the Unconstitutional Conditions Doctrine“) (“Because the current composition of the U.S. Supreme Court leans ideologically conservative by any traditional measure and
We’ve been receiving a lot of visits lately from folks looking for information on inverse condemnation liability after the recent Northern California wildfires, and the flooding in Houston. In addition to the news stories (see SF Chronicle wildfire story here, and the Texas Tribune flood story here) which we’ve already posted, here are
Update: Forbes is covering this story, here: Nick Sibilla, “Landowner’s Bill Of Rights Are Not ‘Suggested Guidelines,’ Georgia Supreme Court Rules“
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Here’s a decision which we’ve been waiting for in a case we’ve been following since it was decided in the intermediate appellate court, involving Georgia’s “landowner bill
Here are the final two amici briefs in in Jarreau v. South LaFourche Levee District, No. 17-163 (cert. petition filed July 31, 2017), the case asking the Court to consider whether a property owner whose business is destroyed due to an exercise of eminent domain is entitled to just compensation for business losses under the