Pipelines are a hot topic. So much so that we’re devoting a couple of sessions at the upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference to the subject (“Where You Haven’t Gone Before: New Approaches to Challenging the Take,” and “Compensation Pitfalls: How to Avoid Problems,” for example).
And, with
Here’s the amici brief filed late last week on behalf of a lot of us (me included, check it out) in the MR-GO case we’ve been following closely ever since it was filed in the Court of Federal Claims.
That court concluded the Corps of Engineers built MR-GO (the Mississippi River-Gulf Outlet) shipping channel, essentially
Would you pay, say $10 for an undeveloped Maui beachfront parcel that is zoned for hotel and residential purposes, but currently is not developable because the County in the past wanted to condemn the land and turn it into a public park (but then ran out of money)?
In furtherance of its acquisition plan, the
From Reno, Nevada colleague Steve Silva, comes this contribution to our growing collection of Knick/Williamson County-related memes.
Congratulations if you get this without having to do research. If so, you are a True Takings Nerd (and a nerd generally).
For those of you who are not quite getting it, here is
Last week, the 15th Annual Brigham-Kanner Property Rights Conference saw the gathering of legal scholars, judges, lawyers, and law students at the William and Mary Law School to award the B-K Property Rights Prize to Cardozo lawprof Stewart Sterk, followed by a day-long conference focusing on Professor Sterk’s work and the latest developments in property
For the six-hour-plus roundtrip from Williamsburg to DC for last week’s SCOTUS oral arguments in Knick v. Township of Scott, the only assignment our class had — the ticket for the van ride, so to speak — was that each student was required to make two contributions to our day’s playlist. Otherwise, we’d be
Seeking A Cause of Action
It has been just under a century since the U.S. Supreme Court first recognized (in the modern era, that is) the regulatory takings doctrine. You might think that the intervening decades would be enough time to allow the Justices, collectively, to have figured out what a cause of action looks like.
Just out of the Knick arguments. Full report to come later. But for now, these thoughts:
College of Surgeons – D.O.A. I think there’s a consensus to overrule the case to the extent it allows municipalities to remove takings cases to federal court.
San Remo – On life support. I think also that there may
I’m not going to do an in-depth preview of tomorrow’s Supreme Court oral arguments in Knick v. Township of Scott, No. 17-647 for several reasons.
First, a lot of others have summarized the issues already, far better than I can. See the list below.
Second, I filed an amicus brief in the case in
A very important public use case from the Louisiana Court of Appeals.
In Ryan v. Calcasieu Parish Police Jury, No. 17-00016 (Sep. 27, 2018), the court upheld a preliminary injunction issued by the trial court “barring the [Lake Charles Harbor and Terminal] District from expropriating a tract of [the Meyers’] property in Westlake Louisiana.”
