If there’s one downside to the law school experience from the teacher’s side of the lectern, it’s grading. Especially at a law school like William and Mary that has a pretty strict mandatory curve.
In an upper-division course like “Eminent Domain and Property Rights Law,” where we’re dealing with some very high-level
Here’s the latest in a case (and issue) we’ve been following.
In Puntenney v. Iowa Utilities Board, 928 N.W.2d 829 (Iowa 2019), the Iowa Supreme Court answered a question that has been making its way around: what “public” does the “public use” requirement cover? For the Iowa Constitution, for example, does a taking have
We gave up long ago expecting rationality and straight-up-the-middle narratives when it comes to cases about beaches and beach access. People get kind of nuts about that for some reason. We get why. Who doesn’t love a beach? Even a beach that could serve as the location if Planet of the Apes is re-made again.
You can also fly, drive, or bike to the upcoming 37th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference. in Nashville. Limited space still available, so don’t delay further and register now. We’re on track to record attendance, so you don’t want to miss the best nationally-focused three-day program on our area of
The holding of the Indiana Court of Appeals in City of Kokomo v. Estate of Newton, No. 19A-PL-1321 (Dec. 18, 2019) is deceptively simple: if a party does not own a formal interest in the property being taken, evidence of the damages which it incurred as a result of the condemnation isn’t relevant to
We’re seeing a lot of “end of year” and “end of decade” wrap-ups, so figured we’d better chime in.
As the above graphic hints (this is detail of the doors of the U.S. Supreme Court), our biggest case of 2019 (and probably of the twenty-aughts) is Knick v. Township of Scott
Here’s the video of our October panel at the 2019 Brigham-Kanner Property Rights conference during which we spoke about “The New New Property: Public Resources and Private Rights.”
Our panel also discussed judicial takings, Stop the Beach, (a case in which speaker Ken Bell — then a Justice on the Florida Supreme
If you get this, you need to attend the 37th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference, January 23-25, 2020, in Nashville.
And if you don’t get this, you need to attend more.
Here’s the Complaint filed earlier this month in an Indiana federal court, which alleges that the State of Indiana is liable for a judicial taking in a case we’ve been following. Yes, a judicial taking!
You recall that in Gunderson v. Indiana, 90 N.E.3d 171 (Ind. 2018), the Indiana Supreme Court concluded that the
Here’s the cert petition, filed today (by the same folks who brought you Knick v. Township of Scott, 139 S. Ct. 393 (1922)), which poses this straightforward question:
Whether the “self-executing” Just Compensation Clause abrogates a State’s Eleventh Amendment immunity, allowing a property owner to sue the State for a taking of property.