We can’t reproduce the entire interview, and the link to the online version is behind a partial paywall, but here are the highlights of a recent interview, where A. Kam Napier, the Editor-in- Chief of Pacific Business News, came by and chatted with us about eminent domain, property rights, and the Honolulu rail
In Coleman v. Mississippi Transportation Comm’n, No. 2013-CA-01161-SCT, the Mississippi Supreme Court addressed an issue we’ve been pondering lately, holding that evidence of the condemnor’s initial appraisal, its offer, and its deposit, were admissible when its appraiser presented a lower valuation at trial. The appraiser was also subject to cross-examination about why he lowered
A short one from the Florida District Court of Appeals, Florida Dep’t of Transportation v. Mallards Cove, LLP, No. 2D13-181 (Mar. 6, 2015), a regulatory takings case that followed on the heels of a straight condemnation.
The DOT condemned property belonging to Mallards Cove via Florida’s quick take procedure, by which certain agencies may
Weird headline from KITV. No, owners whose property is taken for the rail aren’t “profiting” if they are able to get more for their land than what the condemning agency offered; “just compensation and damages” are required by the constitution, and if they are able to obtain more, in many cases that still leaves them
Have you ever read one of those opinions where each piece seems okay, but as a whole the result just doesn’t sit well? The Idaho Supreme Court’s opinion in State of Idaho, Dep’t of Transportation v. Grathol, No. 40168 (Feb. 11, 2015) is just one of those.
You’ve no doubt heard a lot about
This is the first of two posts today out of the Tar Heel State (here is the other one).
North Carolina lawyers no doubt knew this, but we can’t say that we did: the North Carolina Constitution currently does not have a provision that mirrors the Fifth Amendment’s Takings Clause.
According to these
If you are a “public agency staff, an appraiser, or a right-of-way consultant” (or, we presume, a lawyer) in California, check this out: a free half-day seminar on eminent domain issues in Costa Mesa on Thursday, March 5, 2015, presented by the Nossaman law firm, the guys who produce the California Eminent Domain
Here are the links from our opening sessions this morning:
Here are the cases which I spoke about this morning at the 2015 ALI-CLE Eminent Domain and Land Valuation Litigation conference:
This is a longer post, but since we think this case may be going further and is worth watching, we’re going to hit it up in some detail.
In City of Chicago v. Eychaner, No. 05L050792 (Jan. 21, 2015), the Illinois Appellate Court upheld the taking of private vacant land near the Chicago Loop (Eychaner’s
