Just Compensation | Appraisal

We like the Texas Supreme Court, because (among other things) it livestreams oral arguments, and once completed, archives them for those who can’t be there in person, or watch live. So even though we couldn’t make it to Austin for the arguments earlier this month in Texas v. Clear Channel Outdoor, Inc. (a case…

Like love, takings claims can often be found in some very unusual places. And (like love) unfortunately, those claims are not always successful.

When we think of “takings,” things like eminent domain condemning land, inverse condemnation (of land) by flood waters, and cases like that spring to mind first. Even when regulatory takings are involved…

A reminder: the 11th annual Brigham-Kanner Property Rights Conference is coming up on October 30-31, 2014, at the William and Mary Law School in Williamsburg, Virginia. As we noted earlier, Michael Berger will receive the Brigham-Kanner Prize, so this one is special – he’s the first practitioner to receive the Prize.

More here, from…

Here’s our latest article, from the upcoming edition of The Practical Real Estate Lawyer, via ALI-CLE.

Despite its grand title, “A Full and Perfect Equivalent for Just Compensation: The Historical Context and Practice,” its just a short piece that asks whether just compensation is the next big thing, identifies three issues in…

Here’s an opinion from the California Court of Appeal, issued last month but unpublished, which was recently ordered published by the court. It’s a lengthy (38 pages) and somewhat detailed opinion, but for those of you who do eminent domain, it’s a worthy read because it covers many bases, and covers them well.

First, the…

Last week, we posted our amici brief in Texas v. Clear Channel Outdoor, Inc., a case in which the Texas Supreme Court is considering two questions: first, whether a billboard owner is entitled to just compensation when the land on which it sits is taken by eminent domain, and second, what method of valuation…

The Texas Supreme Court has agreed to review Texas v. Clear Channel Outdoor, Inc., a decision in which the Court of Appeals held that the owner of billboards was entitled to compensation when the land on which the billboards were located was condemned.  

Texas needed to widen the freeway, and condemned the land …

Check this out, an opinion from the Appellate Division of the New York Supreme Court in a tax assessment case, Jacobowitz v. Bd of Assessors, Town of Cornwall, No. D39807 (July 30, 2014. The court held that the Fourth Amendment’s prohibition on warrantless searches and seizures means that a property owner did not have…

Here’s an interesting one from the Georgia Supreme Court. In Dillard Land Investments, LLC v. Fulton County, No. S13G1582 (July 11, 2014), the court held that a condemning agency could not voluntarily dismiss an eminent domain action, after a special master has entered a just compensation award but before the agency has paid the…