How much can a condemnor alter the scope of the taking before the good faith offer required by state law also needs to be re-done?
That’s the question the Wyoming Supreme Court resolved in EOG Resources, Inc. v. Floyd C. Reno & Sons, Inc., No. S-20-0013 (July 23, 2020).
There, the condemnor’s original
Here’s the cert petition that we’ve been waiting to drop in a case we’ve been following. Last we checked in, the Ninth Circuit (with concurral) had denied en banc review, over a dissental.
In Cedar Point Nursery v. Shiroma, 923 F.3d 524 (May 8, 2019), a 2-1 panel of the Ninth Circuit
Here’s a cert petition that we’ve been waiting to drop in a case we’ve been following. This one asks whether a state legislature’s virtual elimination of a cause of action is a taking.
The harsh reality is that farms and ranches can stink. But in Right to Farm Acts, many state legislatures, Indiana’s
by David Lee Callies
Coming soon (August), a new book from lawprof David Callies on what might be our favorite subject, regulatory takings.
We had a chance to review the proofs, and we highly recommend this one for your bookshelf. We’ll bring you more once published. But for now, you can reserve your copy here
A pipeline needed private property. Did it wait until it had actually taken the property before it started to build the pipeline? No.
In Bayou Bridge Pipeline, LLC v. 38.00 Acres, No. CA 19-0565 (July 2020), the Louisiana Court of Appeal addressed a host of challenges:
Our Louisiana friends have a great word — lagniappe — that we’re not sure we understand precisely, but to us has always meant that little something extra. As Mark Twain wrote, “[i]t is the equivalent of the thirteenth roll in a ‘baker’s dozen.’ It is something thrown in, gratis, for good measure.” As far as
Here’s the latest in a case we’ve been following for what seems like forever. This is also a fact situation that has resulted in litigation in a variety of different fora, and at times has seemed like the final exam question in a Federal Courts law school class. We wrote about this latest
I must say that am pretty chuffed that one of my (now former) William and Mary Law students published a law review article, and he wrote about…takings. And Blackstone, and history.
Read it: Andrew Parslow, A Defense of the Regulatory Takings Doctrine: A Historical Analysis of This Conflict Between Property Rights and Public Good and
Breaking! In H.C. Cornuelle, Inc. v. City and Cnty of Honolulu, No. 14068 (Haw. July 17, 1990), the Hawaii Supreme Court held that the City and County of Honolulu inversely condemned a strip of private property in downtown when it prohibited development and use of that land because the City intended to acquire it
We joined friend and colleague Clint Schumacher for the milestone 50th episode of his essential Eminent Domain Podcast.
If you are not already a subscriber and regular listener, you should be. Clint features interesting guests (present company excepted) and listening in is a good way to keep our community together, especially when many of
