There’s a bit of Inception-level dream-within-a-dream stuff in the U.S. Court of Appeals for the Third Circuit’s opinion in Tennessee Gas Pipeline Co. LLC v. Permanent Easement for 7.053 Acres, No. 17-3700 (July 23, 2019), because the court held in takings by a private condemnor exercising the delegated power of eminent domain under the
Cases And Links From Today’s Eminent Domain And Pipelines Conference (Houston)
I am grateful that planning chairs Justin Hodge and Jeremy Baker invited me to their conference. A room full of experts. Here are the links to the cases and other items I spoke about:
- Knick v. Township of Scott: initial thoughts on what might be a dawning “golden age” of property cases
- Knick, Entirely
Guest Post: Senator Is Wrong About Knick Ruling
Back to Knick for a bit. Our colleague Dwight Merriam has penned a response to a recent op-ed by U.S. Senator Sheldon Whitehouse (D – RI).
The good senator, if you weren’t aware, was also the guy who argued and lost the Palazzolo case all the way back in 2001. Apparently, he’s still sore about
New Cert Petition: Private Pipeline’s Preliminary Injunction In Natural Gas Act Taking Created New Substantive Rights
Here’s the latest cert petition about an issue we’ve been following closely. Givens v. Mountain Valley Pipeline, LLC, No. ___ (July 3, 2019)
As regular readers understand, several federal courts of appeals recently have upheld giving prejudgment possession of property to a private pipeline condemnor once a district has ruled in favor of the
Podcast Now Available: Is “Possess Now, Pay Later” Constitutional in Private Pipeline Takings?
Here’s the recording of last week’s Federalist Society teleforum on the issue “Is ‘Possess Now, Pay Later’ Constitutional in Private Pipeline Takings?”
Stream it or download it here:
Here’s the summary of the podcast:
The U.S. Supreme Court will soon consider the third of several petitions for certiorari asking it to
NY Court of Appeals Considering Whether A Pipeline Can Take Property For A Project That Can’t Legally Be Built
Here’s a case that’s pending in the New York Court of Appeals that has been briefed and is awaiting argument.
In Natural Fuel Gas Supply Corp. v. Schueckler, No. 17-02021 (Nov. 9, 2018), the Appellate Division answered this question:
This appeal therefore presents a novel question of condemnation law: can a corporation involuntarily expropriate
Mark Your Calendars: Federalist Society Teleforum On Preliminary Injunctions In Natural Gas Act Takings: Is “Take Now, Pay Later” Unconstitutional? (Friday, June 21, 2019)
The details are yet to be posted on the web, but mark your calendars now for an upcoming (two weeks from today, on Friday, June 21, 2019) Federalist Society teleforum, produced by the Environmental and Property Rights Practice Group, about an issue that we’ve been following that is the subject of at least three
Links From Today’s Portland Eminent Domain Conference
Here are the links to the cases which were not in your materials. Theme of the day: amateurs!
Our thanks to colleagues Jill Gelineau and Paul Sundermier for asking us to present. It was good to see our Oregon friends again.
We Are The World: Iowa SCT Finds Dakota Access Pipeline Will Promote The Public Convenience For Iowa, Even If Iowans Don’t Get Any Of The Pipeline’s Oil
Here’s one we’ve been waiting to drop for a while, on an issue we wrote about earlier this week.
In Puntenney v. Iowa Utilities Board, No. 17-0423 (May 31, 2019), the Iowa Supreme Court — taking a different view than Kentucky — held that a pipeline which runs through Iowa, but which
Are Pipelines For The Public’s Benefit? If So, What Public?
An issue we’ve been tracking for a while — are takings for pipelines for the public’s benefit? — raises another question: how is “the public” defined?
Some courts, like Kentucky’s, define the public as the public which the jurisdiction serves. In the Bluegrass Pipeline case, for