Just Compensation | Appraisal

Just compensation

Just a few posts ago, we put up the Louisiana Supreme Court’s opinion in a case where property owners obtained a final inverse condemnation judgment ordering the New Orleans Sewer Board to pay just compensation.

Then…crickets. The sewer board did not satisfy the judgment. It relied on a provision in the Louisiana Constitution

A fairly short one from the North Carolina Court of Appeals, but well worth your time to read.

Mata v. N.C. Dep’t of Transportation, No. COA23-1140-1 (July 16, 2024) is the latest in the “Map Act” takings cases that we have long covered. There, N.C. legislature adopted a statute that identified future highway corridors

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The famous corner of India and Milk, Boston
(at least for takings nerds)

Today, along with our friend and colleague Hawaii eminent domain lawyer Mark M. Murakami, we filed this Application for a Writ of Certiorari* in a condemnation case that has been pending for more than a decade (including more than five

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Here’s the latest in a case (and issue) we’ve been following closely.

In Watson Memorial Spiritual Temple of Christ v. Korban, No. 24-0055 (June 28, 2024), the Louisiana Supreme Court unanimously affirmed the Court of Appeal, concluding the duty to actually pay just compensation for a taking is ministerial. 

That may

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Readers know that from time-to-time, we like to cover the going’s on in the courts of our neighbors to the north. See here and here, for example. Although property rights are not a constitutional principle in Canada (the people did not include property as a fundamental constitutional right when the Constitution was amended last)

Check out the U.S. Court of Appeals for the Fourth Circuit’s opinion in Mountain Valley Pipeline, LLC v. 8.37 Acres of Land, No. 23-1532 (May 14, 2024).

The caption tells you it is a federal eminent domain case, specifically the Mountain Valley Pipeline, a very controversial and much-objected-to natural gas pipeline in the Virginias.

Our friends Kristen and Dave at the Infrastructure Junkies Podcast are doing what we hoped they would: they’ve convinced Clint Schumacher to appear as a guest and reflect on his Eminent Domain Podcast, which has produced its final episode:

The popular Eminent Domain Podcast signed off after a successful six year run. The

If there’s a money quote in yesterday’s opinion by the Supreme Court of Nevada which “wholly affirm[ed] a trial court judgment awarding $48 million in just compensation for Las Vegas’s regulatory taking in City of Las Vegas v. 180 Land Co., LLC, No. 24-13605 (Apr. 18, 2024), it might just be this sentence:

Although

Under many (most?) state eminent domain schemes, if a property owner withdraws the condemnor’s deposit prior to the judgment of condemnation, the owner waives — or, more technically, forfeits — the ability to challenge public use and necessity. 

Vermont is no different, and under its statute, waiver is triggered by the owner’s “acceptance and

You can spend all your time making money.
You can spend all your love making time.
If it all fell to pieces tomorrow, would you still be mine?

Count me as very surprised, and a bit saddened, when earlier this week my inbox pinged with notification that the latest episode of Clint Schumacher’s Eminent Domain