Check this out: the International Right of Way Association’s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.” (This is the “international” right of way association, so that last qualifier is important.)
And what is really nice is that they make the report available
After a two-year absence in which we went remote, in the last week of last month (our usual spot on the calendar, between the playoffs and Super Bowl), we once again met in-person for the American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference.
Approximately 200 lawyers, judges, legal scholars, appraisers, law students
An article, from the just-published issue of the Brigham-Kanner Property Rights Journal, about a rarely-covered academic topic, just compensation.
Brian A. Lee (Brooklyn), “Equitable Compensation” as “Just Compensation” for Takings, 10 Brigham-Kanner Prop. Rts. J. 315 (2021).
Here’s the Abstract:
The Fifth Amendment’s requirement that the government pay “just compensation” to owners of
If you ever get the opportunity to teach in a law school — either as a full-time legal scholar, or part-time as an expert adjunct practitioner — take it if you can. You might think you know a lot about a particular subject, but there’s nothing like spending time at the lectern in a law
we tried to come up with a “Hamilton” reference
but have not seen the show
The Crane family has, for decades, had in their possession — if not their outright ownership — the “Hamilton Letter,” which Alex wrote to no less than the Marquis de Lafayette 1780.
Ownership, however, seems to be disputed
We’ve talked about the “playground constitution” before (and written about it). You know this stuff:
The third constitution is what has been labeled the “popular constitution” that exists, unwritten, in the broader culture. I call this the “playground constitution,” embodying rules that a broad swath of the populace believes are part of
We like oysters. When we think “oysters,” that means going to a restaurant or oyster bar, sitting down, and ordering up a dozen or more. Easy stuff.
But the real work of oyster farming is “arduous, backbreaking work requiring a special dedication.” Avenal v. State, 886 So. 2d 1085, 1110 (La. 2004). It “takes
Here’s a must-read from the Texas Court of Appeals (Second District).
In City of Grapevine v. Muns, No. 02-19-00257 (Dec. 23, 2021),
Before 2018, the city’s 1982 zoning ordinance authorized “single-family detached dwellings” and didn’t say anything about short-term renting (short-term being defined as less than 30 days). The ordinance didn’t expressly authorize it
Here’s the State of Texas’s amicus brief in support of the property owners in the case now pending in the Texas Supreme Court about whether the developer of the proposed Dallas-Houston “bullet train” may exercise the delegated power of eminent domain as a “railroad company” or an “interurban electric railway company” as those terms are
In this season of “regifting,” this one from the Hawaii Supreme Court about an attempt to “re-seize” property by civil forfeiture.
In Alm v. Eleven (11) Products Direct Sweepstakes Machines, No. SCWC-15-848 (Dec. 20, 2021), the unanimous court held that the notice and related procedures in Hawaii’s civil forfeiture statute are mandatory
