Details soon. In the meantime, get your earlier registration discount.
In Federal Natural Gas Act Takings By Private Condemnors, Just Compensation Is Determined By State Law (Incorporated Into Federal Common Law)
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
Upcoming Webinar – Knick Picking Regulatory Takings: Did the Court Right a Wrong, or Wrong a Right? (free for State and Local Govt Law Land Use Committee members)
The Land Use Committee of the ABA’s Section of State and Local Government Law is sponsoring a free (for Section members) informal webinar about the latest in takings law:
Knick Picking Regulatory Takings: Did the Court Right a Wrong, or Wrong a Right?
Friday, July 26 | 2 – 2:30pm ET
Here’s hoping you can
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
Friday Round-Up: California Inverse Condemnation, Lawprof Epstein Litigates Public Trust, Property In Ecology, And More
Here’s what we’re reading this Friday:
- Plaintiffs Cannot Bring Inverse Condemnation Claims Before a Public Agency Makes a Final Determination on Allowable Development – California Land Use & Development Law Report
- One reason for the high cost of housing in California may surprise you — overregulation – Los Angeles Times (Barista’s note: is anyone surprised
Video: What Federal Takings are like post-Knick
Yes, we did memes in our Knick brief, and in a follow-up blog post.
But colleague Benjamin Tozer has taken it to the next level.
Dirt Lawyer CLE At ABA Annual Meeting (San Francisco)
If you are going to be attending the ABA Annual Meeting in San Francisco next month, here are some of the CLE and other programs of interest to property, land use, and eminent domain types, sponsored by our Section, the State and Local Govt Law Section:
Thursday, Aug. 8
- Knick Overrules Williamson County: What
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
First Post-Knick Cert Grant
Here’s the first post-Knick property owner victory. That was quick!
Now before you get too excited, this is a GVR (“grant, vacate, remand”) in which the Court, having decided Knick, granted the pending petition, vacated the judgment by the Ninth Circuit, and “REMANDED for further consideration in light of Knick v. Township of Scott