“It’s Frank’s world, we just live in it.”
– attributed to Dean Martin, about Frank Sinatra
A narrowly drawn opinion from the Supreme Court in Horne v. Dep’t of Agriculture, No. 14-275, argued in April and to
Fed Cir: “Economically Beneficial Use” Means More Than Someone Might Buy The Property
Third time around for Lost Tree’s takings case against the federal government on this blog.
The first was the Federal Circuit’s decision concluding that a single Florida parcel owned by the plaintiff was the relevant parcel against which the impact of the Corps of Engineers’ denial of a § 404 wetlands dredge and fill permit is
Cal App: Condemnor’s “Final” Pretrial Offer, Contingent On Approvals From Other Agencies, Isn’t Really Final, Is It?
California law requires a condemnor to present to the property owner a final pre-trial settlement offer 20 days before trial, and for the property owner to make a final demand. If a court later determines that the condemnor’s final offer was unreasonable and the property owner’s final demand was reasonable, the property owner is entitled
Just “Compensation” Just Took On A Whole New Meaning In Iowa Pipeline Dispute
From the Iowa heartland, we offer the headline of the week: “Iowa landowner claims he was offered prostitute by oil pipeline company rep.“
And you’re not going to beat this lede any time soon: “A southeast Iowa landowner claims he was offered the services of a prostitute in exchange for allowing a
West Virginia: DOT Should Not Have Mined Privately Owned Limestone Without Owner’s Permission
In West Virginia, mineral rights can be owned separately from the surface estate. Not that unusual; something we learned in the first year of law school, in Property I. You might assume that condemning agencies’ lawyers in West Virginia and similar jurisdictions understand this, and counsel their clients accordingly.
Or maybe not, once you
Upcoming Wisconsin Appraisal And Eminent Domain Law Conference
If you have plans to be in Wisconsin or environs in June, the Wisconsin chapter of the Appraisal Institute is putting on its 12th annual Condemnation Appraisal Symposium at the Marquette Law School on Wednesday, June 3, 2015.
One of the featured speakers is Mike Berger on “Current National Eminent Domain Issues,” and there will
Texas Supreme Court Clarifies Just Compensation For Billboards
We’re at a conference with the ABA Section of State and Local Government Law in Philadelphia (talking about eminent domain, public use, just comp, and Horne, inter alia), so we haven’t had the time to read this opinion — issued just a few minutes ago — in detail. But it’s a case we’ve been
Virginia Papers On The Ramsey Case: VDOT “Bullying” And “Sandbagging” Revealed
Here’s a couple of editorials about the Ramsey case, recently decided by the Virginia Supreme Court. [Disclosure: we filed an amicus brief in support of the Ramseys in that case.]
- In “Sandbagging, exposed,” the Richmond Times-Dispatch editorial board writes: “Around the country, states that want to take people’s land will sometimes pull
Virginia: Jury Gets To Hear About Appraisal Bait-And-Switch
The Virginia Supreme Court today came back with an opinion in Ramsey v. Commissioner of Highways, No, 140929 (Apr. 16, 2015), a eminent domain case in which we filed an amicus brief in support of the property owner.
Under Virginia’s condemnation procedures, as a prerequisite to a court exercising jurisdiction over an eminent domain
Amici Brief: Property Owners Have Right Of Direct Access To Highways That Can’t Be Regulated Away
Here’s the amici brief on behalf of Central Oregon Builders Association, Oregonians in Action, and Owners’ Counsel of America in a case being considered by the Oregon Supreme Court, State of Oregon v. Alderwoods (Oregon), Inc., No. S062766.
In an eminent domain action to improve Highway 99W in Tigard, Oregon, the DOT condemned Alderwoods’