Can there be a more “Kentucky” thing than the Kentucky Derby? We can’t think of one. Today’s case from the U.S. Court of Appeals for the Sixth Circuit, West v. Kentucky Horse Racing Comm’n, No. 19-6333 (Aug. 28, 2020) is about the litigation stemming from the disqualification by the racing stewards of the “horse
New Ag Law In The Field Podcast Ep: Jim Spivey On Eminent Domain & Just Compensation
Tiffany Lashment’s “Ag Law in the Field” podcast is one of those you really should follow. Every episode is worthwhile in our opinion. The latest episode is a chat with Texas property owner lawyer Jim Spivey. From the show notes:
Eminent domain is one of the most popular topics we cover. Today, we are focusing on the important issue of compensation when property is being condemned. San Antonio-based attorney, Jim Spivey, joins us to talk us through many helpful concepts related to compensation, and offers important tips to Texas landowners dealing with eminent domain.
Check it out.
Continue Reading New Ag Law In The Field Podcast Ep: Jim Spivey On Eminent Domain & Just Compensation
Fed Cir: No Taking For Invalidating Patent By Inter Partes Review (But You Knew That Already)
Reading through the Federal Circuit’s opinion in Christy, Inc. v. United States, No. 19-1738 (Aug. 24, 2020) (a case we’ve been following since its inception; see here for the complaint), doesn’t hold out a lot of hope for something new, because the Federal Circuit already ruled in Golden v. United States, 955
Utah: As Long As A Taking Is For The Birds, Not The Enviro Plaintiffs, It’s A Public Use
In Utah Dep’t of Transportation v. Coalt, Inc., No. 20161063 (Aug. 17, 2020), the Utah Supreme Court dealt with a public use and a just comp issue.
The first is perhaps the more interesting. After a federal court upheld environmentalists’ challenge to the Environmental Impact Statement prepared by UDOT for its Legacy Parkway Project
CA6: A Wrongful Civil Asset Forfeiture Is Not A Taking
Although the U.S. Court of Appeals for the Sixth Circuit declined to publish its opinion in Ostipow v. Federspiel, No. 18-2448 (Aug. 18, 2020), we wish it had for a couple of reasons.
First, the name: it just rolls off the tongue, melodiously. “Ostipow versus Federspiel.” We just like how that sounds. Second, the
What Books Do You Use For Your Remote Podium?
We’re done with our first day of class for the upper-level students at William and Mary. We’re teaching two courses this semester, the usual Eminent Domain and Property Rights, but also Land Use Law. We were set to begin a semester of “hybrid” instruction (some students in the classroom, with distancing in place, while others
Aloha, Charlie B (Kaiser Aetna v. United States, 444 U.S. 164 (1979)
This week brought the sad news that our friend, mentor, and property-rights spiritual godfather, R. Charles Bocken, has moved on to that great plot of land in the sky.
A man of seemingly infinite talents and biography (WWII B-24 crewman, Chief Judge Advocate for the Pacific Air Forces, SCOTUS litigator (and winner, more on
New Property/Eminent Domainey Podcast: Pendulum Land Podcast
Check this out, a new podcast for your dirt lawyer types to follow, Pendulum Podcast. As it describes itself:
An informative and sometimes irreverent podcast for those interested in eminent domain, right of way land acquisition, or infrastructure development. Topics for discussion frequently include condemnation of real property for public use, just compensation, the
Supreme Court Of India Channels Magna Carta: Although Compensation Is Not Expressly Required By Constitution, When Govt Takes Property, It Has Obligation To Pay
We can’t pretend that we understand everything that is going on in the Supreme Court of India’s recent opinion in Hari Krishna Mandir Trust v. State of Maharashtra, No. 2013-6156 (Aug. 7, 2020) (but when has that ever stopped us before?), but after reviewing the decision, we thought we would post it because of
Register Now: William and Mary Law’s Brigham-Kanner Property Rights Conference – Oct 1, 2020 (Virtual)
Registration is up and online. Join us (online) for the 2020 Brigham-Kanner Property Rights Conference. Tuition: free, unless you want CLE credit (in which case it is a very modest $100). Because this conference has gone virtual, the usual Wren Building awards banquet to honor this year’s B-K Prize winner, lawprof Henry Smith