Our colleague and co-planning chair Joe Waldo was in town yesterday, so we walked through historic Williamsburg, Virginia (cradle of the Constitution and the Bill of Rights), to invite you to join us for the 36th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference (January 24-26, 2019, in Palm Springs, California).
4th Cir Judge In Pipeline Arguments: “Condemnation is one of those monarchy things” – Is Immediate Possession Unconstitutional When Congress Has Not Delegated That Power To A Pipeline?
Here’s the latest in an issue we’ve been following closely. In the Natural Gas Act, Congress has not delegated to private pipeline companies the quick-take power. To get around that, to get immediate possession of properties which they are taking, pipeline companies use a procedural mechanism — a preliminary injunction under Fed. R. Civ. P.
2018 Brigham-Kanner Property Rights Conference: Williamsburg, Oct. 4-5, 2018
Come join us for one of the best conferences on property rights and property law at the 2018 Brigham-Kanner Property Rights Conference, October 4-5, 2018 at the William and Mary Law School in Williamsburg, Virginia.
We’ve attended and presented at the Conference in past years, including when it went international in
New Article: The [Takings] Keepings Clause: An Analysis of Framing Effects from Labeling Constitutional Rights
An interesting and thought-provoking new article from Professor Donald Kochan that is definitely worth your time: The [Takings] Keepings Clause: An Analysis of Framing Effects from Labeling Constitutional Rights, 45 Fla. State U. L. Rev. ___ (forthcoming 2018).
As the title suggests, Professor Kochan doesn’t quite care for the phrase the “Takings Clause” when
New Cert Petition (MR-GO Katrina Case): Can Government *Inaction* Lead To A Taking?
Here’s the cert petition we’ve been waiting to drop in a case we’ve been following closely.
Last we checked in, the Federal Circuit (any guess on which judge?) held that the catastropic Katrina flooding — caused mostly by the federal government’s construction and maintenance of a navigation project, the Mississippi River Gulf-Outlet
Clint Schumacher’s Eminent Domain Podcast Is Back – Six Degrees Of Williamson County Ripeness … And Elvis
After a short hiatus to allow Clint to set up at his new firm, the Eminent Domain Podcast is back.
Clint was kind enough to ask me to be his first second-time guest, and we had a wide-ranging discussion: everything from this semester’s teaching assignment at the William & Mary Law School, the
Iowa Supreme Court Oral Argument Video: Does A Finding Of Public Necessity And Convenience For A Pipeline Also Solve The Question Of Public Use In Eminent Domain?
Here’s the video of the oral arguments held earlier today in the Iowa Supreme Court in a high-profile pipeline case. In Puntenney v. Iowa Utilities Board, the court is considering a case at the intersection of the law of public utilities, and condemnation law. The basic question the court is trying to solve is
New Cert Petition: Is Holding Land With No Present Use In The Hope The Government Allows Some Use In The Future An “Economically Beneficial Use” Of Property?
Here’s the cert petition, filed yesterday, in a case we’ve been following closely. Here’s our short summary of the case, written up when it was ready for argument in the Hawaii Supreme Court. That court’s ruling against the property owner added to the the lower court split on the issue of whether
Your Kelo Moments From The Kavanaugh Hearings
Before last week’s Judiciary Committee hearings on the nomination of Brent Kavanaugh to be an Associate Justice of the Supreme Court, we wrote that the issue of property rights and eminent domain may come up during the hearing, even though Judge Kavanaugh’s actual judicial record on that topic is pretty thin.
We were busy during
Eighth Circuit: Congress Didn’t Intend For The Uniform Relocation Act To Be Judicially Enforceable
A hot — but most often neglected — topic, getting hotter: relocation benefits.
In Osher v. City of St. Louis, No. 17-2402 (Sep. 6, 2018), the U.S. Court of Appeals joined the Fourth Circuit in its conclusion that the Uniform Relocation Act provisions are mere guidelines (insert our oft-repeated Pirate’s Code reference here), and