A short one today, but worth reading because the Kentucky Supreme Court’s opinion in Kentucky Transportation Cabinet v. Atkins, No.2023-SC-0173 (Dec. 19, 2024) highlights an important point: when offering evidence of the compensation owed for the taking of income-producing property–and “[d]etermining the value of condemned real property is not a science”– it isn’t “speculative”
Guest Post (Jennifer Polovetsky): “Trade Fixtures In New York Eminent Domain Cases – What Qualifies and How Are They Valued?”
Today we have another guest post by New York colleague Jennifer Polovetsky, who writes about trade fixtures in New York. Lots of good stuff for those of us not in NY as well. Thanks to Jennifer (and to the New York Law Journal) for allowing us to republish her intriguing piece.
_____________________________
Trade Fixtures
NYT Word Of The Day: “Eminent Domain”
Thanks to lawprof Donald Kochan for the heads-up: the “Word of the Day” in today’s New York Times is … “eminent domain.”
Defined by the piece as:
“the right of the state to take private property for public use; the Fifth Amendment that was added to the Constitution of the United States requires that just
Registration For The 42d ALI-CLE Eminent Domain & Land Valuation Litigation Conference Is Underway (Don’t Miss Out!)
Get ready to join your colleagues and friends in San Diego for the 42d ALI-CLE Eminent Domain & Land Valuation Litigation Conference.
The 41st Conference was in New Orleans. Here’s a report of that event, and here are our reports from prior conferences in Austin and Scottsdale.
Here are some of the
Indiana: No Compensable Property Right In Traffic Flow; No Compensation For Impairment Of Access
We like it when courts include photos and maps.
The Indiana Supreme Court’s ruling in State of Indiana v. Franciscan Alliance, Inc., No. 245-PL-118 (Oct. 31, 2024) isn’t all that surprising. After all, the State’s eminent domain action did not take access to the undeveloped property, and the owner was not entitled to
New Just Comp Cert Petition: Is $0 Just Compensation Constitutional?
Here’s a recently-filed cert petition which raises two questions about the constitutional calculation of just compensation.
Here are the Questions Presented:
A county unquestionably used real property that denied access to private property and allowed the private property owner to restore the denied access at the owner’s own expense, without county reimburse- ment. Although at
New Ep, Eminent Domain Podcast: Lawprof Ilya Somin
Heads up: the second episode of the rebooted Eminent Domain Podcast is live, with host Bobby Debelak and guest law professor Ilya Somin. Here’s the description of this ep:
Professor Ilya Somin of George Mason University and the Cato Institute discusses his work in drafting amicus papers in the Kelo case, working with Jane Jacobs
The Eminent Domain Podcast Is Back!
As we hinted at a couple of weeks ago, we have some good — nay, great — news: the Eminent Domain Podcast, retired earlier this year by its originator Clint Schumacher, is back with a new host and a slightly new title: “Come and Take It: The Eminent Domain Podcast.”
Colorado App: Executory Contracts Admissible To Prove Value Of Condemned Property
We appreciate it when courts include photos and maps in opinions.
A quick one from the Colorado Court of Appeals on an issue of first impression in that state.
In City of Westminster v. R. Dean Hawn Interests, No. 23CA0315 (Aug. 1, 2024), the court concluded “for the first time, that an executory contract
Back To School For Dirt Law @ William & Mary, Season VII
Yes, the mysterious ducks remain — and seem to have multiplied.
It’s that time of the year again. Fall’s-a-coming, and that means that starting today, we’re back at the William and Mary Law School in Williamsburg, Virginia to lead two courses:
- Eminent Domain and Property Rights (W&M is one of the few law schools