Just Compensation | Appraisal

IMG_20171211_090714This photo of the view from the lectern at the start of the day
proves we really
were in the room and not distracted by all the distractions
possible in Las Vegas

Here are the materials and cases which I spoke about earlier today at the CLE International Eminent Domain Conference in Las Vegas. I

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.

The podcast and links to

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

IMG_20171028_065248

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

20170918_190120
No soup for you!

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