A short one from the Federal Circuit, Rasmuson v. United States, No. 14-5089 (Oct. 5, 2015), that comes out of a rails-to-trails case, but has wider applicability.
The case involved the usual: plaintiffs owned lands over which the railroad had rights of way, and when the railroad ceased operating and the Surface Transportation Board
Check this out, a story in the September 28, 2015 edition of the New York Times, “Owner of Grand Central Sues Developer and City for $1.1 Billion Over Air Rights.”
Reminds us of this obscure Supreme Court case we heard about…
The Times reports that the current owner of Grand Central Terminal
We’re not exactly sure why, but the facts in State of Texas v. Treeline Partners, Ltd., No. from the Texas Court of Appeals just crack us up.
First, the court comes up with a definition of “lowball” —
In attempting to ask potential jurors whether they believe that the State “lowballs,” the State’s
In those states with a commission process in condemnation, any guess where an appellate court comprised of judges will come down on who gets to make the final call about what evidence is admissible — a judge or the commissioners?
Well, if you guessed the judge, you’d be right. In Regional Transportation Dist. v. 750 W. 48th Ave., LLC
Our colleague William Wade, in addition to being an economist, is a prolific author on the topic we find fascinating, takings. He looks at the issues with an economists’ perspective, and we’ve found his articles very helpful. We’ve even posted a few over the years:
We’re in Chicago this week participating in the ABA Annual Meeting. While we really are looking forward to a slate of thrilling committee meetings, what we’re really anticipating is the CLE programming. Here are what we think are the highlights:
We’ve covered this topic before (see here, here, and here), but we haven’t heard much about it lately. But thanks to this new article by colleague Dwight H. Merriam, we can get back up to speed.
In “Eminent Domain for Underwater Mortgages: Already on the Way to the Bottom of
“Separate educational facilities are inherently unequal.”
Chief Justice Earl Warren,
Brown v. Board of Education
“The Fourteenth Amendment does not enact
Mr. Herbert Spencer’s Social Statics.”
Justice Oliver Wendell Holmes,
dissenting in Lochner v. New York
“…prejudice against discrete and insular minorities…”
Justice Harlan Fiske Stone, in footnote 4
In North Carolina, a property owner has a right to direct access to adjacent highways, and “[i]f the State’s action eliminates all direct access to the abutting road, then the action is ‘a taking as a matter of law.'” Dep’t of Transportation v. Harkey, 301 S.E.2d 64, 71 (N.C. 1983). And it doesn’t matter
ALI-CLE has posted the registration page for the 2016 ALI-CLE Eminent Domain and Land Valuation Conference, in Austin. Register now for a $200 discount off the tuition. Or you can sign up for notification when the full brochure is published.
Save the spot on your calendar so you can join us in Austin.
We’re still