Here’s another amici brief (on behalf of the Virginia Institute for Public Policy, and Owners’ Counsel of America, authored by takings/SCOTUS superstar Michael Berger) supporting the cert petition we filed last month which asks the U.S. Supreme Court to review a decision of the Mississippi Supreme Court. Here’s the amicus brief which Pacific Legal
New SCOTUS Amicus Brief: Just Compensation Is Determined By Courts, Not Legislatures
Here’s the amicus brief, filed yesterday by Pacific Legal Foundation is support of the cert petition we filed last month which asks the U.S. Supreme Court to review a decision of the Mississippi Supreme Court.
First, some background. In 2005, Hurricane Katrina destroyed “Toll Project No. 1,” the U.S. Highway 90 crossing of Bay St. Louis
La: “Something is wrong” – Post-Kelo Amendments Reduced Compensation For Levee Servitudes From “Full Extent Of The Loss” To Fair Market Value
When most jurisdictions reacted to the U.S. Supreme Court’s decision in Kelo v. City of New London, 545 U.S 469 (2005), they — naturally being aghast at the result — adopted legislation that either purported to make it easier on landowners, or harder on condemnors. Understandable, as the public uproar which Kelo caused has
Kansas: Cost Of Replacing Fence On Condemned Property Isn’t Separate, But Part Of Just Comp Award
Another one (short) from the Kansas Supreme Court, this time a straight takings case, and not inverse condemnation.
In Pener v. King, No. 114850 (Mar. 24, 2017), the court tackled several issues in a case involving KDOT’s taking of land for highway project. Part of the taking required KDOT to take down the
Eminent Domain Case To Watch: Violet Dock Port (Louisiana S Ct)
Here’s a case you should be following which involves both public use and just comp issues, now before the Louisiana Supreme Court.
The case is an appeal in an expropriation case from a quick-take of a Mississippi River docking facility downriver from New Orleans. The Port took the entire VDP facility, made no change
W Va: Relocation Act Attorneys’ Fees Required Where Owner Sues To Compel Condemnation
West Virginia Dep’t of Transportation v. Newton, No. 16-0325 (Mar. 7, 2017) was the second time that case had come before the West Virginia Supreme Court. As we noted here (“DOT Should Not Have Mined Privately Owned Limestone Without Owner’s Permission“), the court held that the the Department of Highways should have
Fla App: Highest And Best Use Doesn’t Require Owner Have More Than “Conceptual Plans”
Can there be a more “Florida” name for a municipality than “Sunny Isles Beach?” Opinion may differ of course, but we think this one may take the prize.
That diversion aside, here’s today’s case. In City of Sunny Isles Beach v. Cavalry Corp., No. 3D15-1420 (Jan. 25, 2017), the Florida District Court of Appeal affirmed
New SCOTUS Just Comp Cert Petition: Can Jury Value Property As If Burdened By Extinguished Easement?
Here’s the cert petition we filed today in an eminent domain case out of Mississippi.
Rather than go on about what the case is about, here are the Questions Presented:
An inverse condemnation jury determined the Mississippi Transportation Commission (MTC) ceased using a highway-purpose easement granted to it in 1952 by Petitioner’s predecessor-in-title for a
Cal App: Increasing A Nonprofit’s Losses May Result In A Business Goodwill Claim
We’ve been meaning to post People ex rel. Dept’ of Transportation v. Presidio Performing Arts Foundation, No. A145278 (Nov. 3, 2016) for a while (as you might be able to tell by the date of the opinion), thinking that one of our left coast colleagues more familiar with the workings of California’s goodwill-in-eminent-domain rules
New Article: Recent Developments In Eminent Domain
Here’s an article, recently published by the Urban Lawyer (the law review produced by our ABA section, the Section of State and Local Government Law), with our take on the most interesting and important eminent domain and takings rulings from the past year.
Many of the cases discussed will be familiar to regular