Remember the case in which the Fifth Circuit held that a townhome association’s right to collect maintenance fees — recognized as property under state law — is not “compensable property” in an eminent domain action? In United States v. 0.073 Acres of Land, 705 F.3d 540 (5th Cir. 2013), the court held concluded that
Pa: Offer To Buy Is Admissible In Compensation Trial
Generally, mere offers to purchase are not admissible in eminent domain trials to show the valuation of the property, because they may be speculative, and not related to the question of value. Pennsylvania follows that general rule.
But it’s not an absolute rule, by far. In Lower Makefield Township v. Lands of Dalgewicz, No.
Teleconference Links: Do You Dare Even Say “Eminent Domain” After Kelo?
Here are links to the cases and other materials we spoke about at today’s teleconference with Professor Dan Mandelker and my OCA colleague Dwight Merriam:
- Ilagan v. Ungacta (Guam v. 162.40 Square Meters of Land)
- “Solely” for economic development? Missouri ex rel. Jackson v. Dolan
- Ilya Somin, The Judicial Reaction to Kelo, 4
Eminent Domain In Indian Country: Oglala Sioux To Condemn Land At Wounded Knee?
According to this story (“Eminent Domain and a Horse Slaugherhouse at Wounded Knee?“) the Oglala Lakota Nation has decided to condemn land on the reservation at Wounded Knee, South Dakota to prevent its sale by its current (non-Indian) owner to third parties. The Wounded Knee site is significant for at least two reasons
Eminent Domain And Condemnation Law Conference (Honolulu, Aug. 21, 2013)
Mark your calendars: on August 21, 2013, The Seminar Group is putting on the 2d Annual Eminent Domain and Condemnation Law Conference, in Honolulu (Hilton Waikiki Beach). Our Damon Key partner Mark M. Murakami is the Planning Chair, and the rest of the faculty is pretty good, too.
We’ll be speaking at two of the
New Law Review Article On Just Compensation: Property Owners Getting Too Much
Much of the interest in eminent domain law since Kelo v. New London understandably has been on the Public Use Clause, but as condemnation lawyers know, a supermajority of the issues in these cases involve the other part of the Takings Clause, the question of just compensation.
The shorthand usually employed is that an owner
Amicus Brief In Rails-to-Trails Case: Switching Tracks To Undermine Takings Claims
Here’s the amicus brief we filed today on behalf of our colleagues at Owners’ Counsel of America, urging the U.S. Supreme Court to grant cert in Marvin M. Brandt Revocable Trust v. United States, No. 12-1173 (cert. petition filed Mar. 22, 2013).
That petition asks the Court to review a Tenth Circuit
Indiana S Ct: Meaning Of “De Novo” Rehearing In Eminent Domain Code Not Quite A “No Brainer”
Check out the opinion of the Indiana Supreme Court in Utility Center, Inc. v. City of Fort Wayne, No. 90S04-1208-PL-450 (Apr. 11, 2013. The issue is what the term “rehear … de novo” means in Indiana’s eminent domain code relating to condemnations by cities and towns, which provides for such review by trial courts
Indiana App: Timing Of Objection To Appraiser’s Report Is Not A “Real” Jurisdictional Problem
Here’s a quick one from the Indiana Court of Appeals, about when a party must object to an appraiser’s report, and the reaction to that objection by the condemnor.
In Clark County Bd of Aviation Commissioners v. Dreyer, No. 10A01-1206-PL-288 (Mar. 21, 2013), the property owner did not object to the report of three
7th Annual Virginia Eminent Domain Conference (April 25-26, 2013)
Those of you on the east coast (or, who wouldn’t mind a visit to a very beautiful part of Virginia), mark your calendars: on April 25 and 26, 2013, CLE International is presenting the 7th Annual Virginia Eminent Domain Conference – Local, State, and National Trends at the Tides Inn in Irvington, Virginia.
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