You might not think that the principle of law the Louisiana Court of Appeal (Fourth Circuit) enunciated in Watson Memorial Spiritual Temple of Christ v. Korban, No. 2023-CA-0293 (Dec. 13, 2023) is really in need of enunciating: if the government takes property, the property owner is entitled to just compensation. Entitled, as in the
Farewell To A Giant – Gideon Kanner (1930-2023)
Aloha, Gideon
This is one of those posts I wish I didn’t have to write.
I’m sad to report that our teacher, mentor, and friend Professor Gideon Kanner passed away on Wednesday, November 22, 2023, in his 93d year.
Appellate advocacy, eminent domain, and land use legend. Holocaust survivor. Prolific author and speaker. Argued Agins
We (Re)Join Clint Schumacher’s Eminent Domain Podcast: Three Impactful Issues, And The 41st ALI-CLE Conference (New Orleans, Feb 1-3, 2024)
A big thank you to Clint Schumacher and his Eminent Domain Podcast for having us on the program (this is the sixth time, not that we’re counting). We joined Clint to chat about three breaking issues in eminent domain (highlighted by the intriguing cases we discuss), as well as to preview the upcoming 41st ALI-CLE
La Cour suprême du Canada Considering Effect Of “The Scheme” On Takings And Compensation
“Good morning, Justices”
You know that from time to time — mostly thanks to our friend and colleague Shane Rayman and his firm — we cover property goings-on north of the border when a good property rights case comes before the Supreme Court of Canada (see here and here for past examples).
Well, here’s another
“The courts don’t need Congress’s permission to enforce the self-executing constitutional right to just compensation.”
“No need to ask, he’s a smooth operator…”
Here’s the amicus brief we just filed in a case we’ve (obviously) been paying close attention to.
This is Devillier v. Texas, the case in which the Supreme Court is considering what does the it mean when it describes the Just Compensation Clause as “self-executing?”
Here’s The Program For The 41st ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Feb 1-3, 2024, New Orleans
Here’s the brochure and the full agenda and registration information for the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference at the JW Marriott in New Orleans, February 1-3, 2024.
This is the long-running nationally-focused conference on all things eminent domain, takings, valuation, and related. We have three tracks, from which you can
Midnight Quick Take: NC Supreme Court To Consider Remedies For Failed Takings – What Happens When A Taking Lacks A Public Use, But They’ve Already Seized The Property?
Here’s the latest on a kind of strange case we’ve been following.
Our case starts off as a somewhat typical public use challenge. After a developer failed to negotiate purchase from Rubin an easement for a sewer line to serve a nearby housing project, the developer enlisted the Town of Apex to lend a
Deb La Fetra Guests On Clint Schumacher’s Eminent Domain Podcast On Self-Executing Just Compensation
The topic of the “self-executing” nature of Just Compensation is in the news these days, with the Supreme Court’s agreeing to review Devillier v. Texas.
But we’ve been on that issue for quite a while, and in a recent episode of Clint Schumacher’s Eminent Domain Podcast (if you are not already subscribed, why not?)
Links And Materials From “Inverse Condemnation & Paying for Disasters”
Yesterday, during the Annual Meeting of the Hawaii State Bar Association, we participated in a program sponsored by the Real Property and Financial Services Section, “Inverse Condemnation & Paying for Disasters.”
As you can see above, we joined lawprofs Shelley Saxer and David Callies to share thoughts about inverse claims, and the difference
CA7: When Pleading A Diversity-of-Citizenship State Takings Claim In Federal Court, It Helps To Allege The Plaintiff’s Citizenship
A really quick one from the U.S. Court of Appeals for the Seventh Circuit.
In Willow Way, LLC v. Village of Lyons, No. 22-1775 (Oct. 5, 2023), the panel held that the plaintiff/property owner did not sufficiently plead federal diversity of citizenship jurisdiction over his state law takings claim.
After providing notice, the Village