It’s a good day. You win your takings case in the Texas Supreme Court. True, it’s a narrow 5-4 victory, and it merely reverses summary judgment against you, which means only that you live to fight another day. But a win is a win, we always say. The decision is based on the Texas Constitution, which
Penn Central
Links From Today’s Oregon Eminent Domain Conference
A very good crowd for today’s Oregon Eminent Domain Conference in Portland.
Here are the links to the cases and other materials that we spoke about today in our session “Inverse Condemnation and Regulatory Takings – Issues and Trends.”
Our thanks to Planning Chairs Jill Geleneau and Paul Sundermier for putting together a great…
Tex App: How To State A Penn Central Regulatory Takings Claim
The plaintiffs in FLCT, Ltd. v. City of Frisco, No. 02-14-00335-CV (May 26, 2016), owned two adjoining parcels in the Dallas-Ft Worth area at the southeast corner what could be a very busy (and therefore profitable) intersection of two parkways. After checking with the city that the restriction in the Commercial zoning which prohibited…
$133,500,000 CFC Verdict For A Categorical Lucas Taking
We’re tied up today, so can’t write much, but wanted to post this recent decision from the Court of Federal Claims. Here’s the court’s own summary:
Plaintiffs Love Terminal Partners, L.P. (“Love Terminal Partners”) and Virginia Aerospace, LLC (“Virginia Aerospace”) are leaseholders of property at Dallas Love Field Airport (“Love Field”), located in Dallas, Texas.
Another Amicus Brief In SCOTUS “Parcel As A Whole” Case: Aggregation Has “No Basis In Text, History, Or Predecent”
Continuing with our posting of the amicus briefs in Murr v. Wisconsin, No. 15-214, the “parcel as a whole” case now being considered by the Supreme Court, here is the brief filed in support of the property owner by several western states, principally authored by lawprof Ilya Somin.
Rather than summarize the brief here…
Merits Brief In SCOTUS “Parcel As A Whole” Case – No Aggregation Of Lots Which Owners Treated As Separate
Here’s the property owners’ Merits Brief, filed earlier this week in the case in which the U.S. Supreme Court is considering the “parcel as a whole” doctrine in regulatory takings (also known as the “denominator” issue).
The Wisconsin Court of Appeals held that the owners did not have their property taken because …
Guest Post: Bragg – Wrong Question, Wrong Result In Texas, To The Detriment Of Sustainable Water Supply
Today’s post is by colleague William Wade, an economist in Nashville, Tennessee, who has thought a lot — and written extensively — about the just compensation and damages available in inverse condemnation and regulatory takings cases.
He provides his thoughts on a recent trial court decision in a closely-watched Texas water case, in which the…
Tuesday Round-Up: Inversely Condemning Flint, “Well Nigh Conclusive?,” Parcel-As-A-Whole
Here’s what we’re reading today:
- “Did the State of Michigan inversely condemn the entire City of Flint?: Environmental justice meets the Takings Clause” from lawprof Stephen Miller at Land Use Prof Blog (includes the complaint). Background: what is going on in Flint, Michigan?
- Gideon Kanner, on “The Right to Take
…
Latest On The Latest Hawaii Takings Case: Unconstitutional Conditions, Statutes Of Limitations, And Vested Rights
Here’s the latest on a takings case that is winding its way through the U.S. District Court in Honolulu. Yes, you read that right: a takings case being litigated in federal court.
Intrigued? Read on.
We’ve covered this case and the related state court litigation several times here before, so this isn’t entirely unfamiliar ground. This…
ALI-CLE 2016 Eminent Domain Conference, First Day: Standing Room Only, National Expertise
Here’s what’s going on today, the first day of the 33d annual ALI-CLE Eminent Domain and Land Valuation conference in Austin, Texas. We’re at standing room only, with a record number of attendees and our usual nationally renown faculty.
We started off the day with our usual “Eminent Domain Update” session with Amy…






