Here’s one we’ve been meaning to post for a while. In Bd. of Comm’rs of Mill Creek Park Metro Dist. v. Less, No. 20MA0074 (Apr. 14, 2022), the Ohio Court of Appeals held that the Park District lacked the authority to condemn Less’s property for a bike path, which did not qualify under the
Public Use | Kelo
Hawaii Land Use Law Conference, May 25-26, 2022, Honolulu – Join Us!
It’s back! After a hiatus on the in-person program, the bi-annual Hawaii Land Use Conference is back in-person (see here for a sample of one of our prior presentations at this conference).
May 25 and 26, 2022, downtown Honolulu.
The full agenda and speaker list has not yet been published, but here’s a summary…
Links From Last Week’s Georgia Bar Association Eminent Domain Conference
Here are the links to the cases and other materials that we talked about last Friday at the Georgia Bar Association’s annual Eminent Domain Conference. Our talk was entitled “It’s the Chief Justice’s Property World, We Just Live In It: National Trends in Takings, Property, & Eminent Domain,” and was part of…
IRWA’s Summary Of Major Eminent Domain Cases & Legislation (June-Dec 2021)
Check this out: the International Right of Way Association’s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.” (This is the “international” right of way association, so that last qualifier is important.)
And what is really nice is that they make the report available…
2022 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Scottsdale: You Should Have Been There!
After a two-year absence in which we went remote, in the last week of last month (our usual spot on the calendar, between the playoffs and Super Bowl), we once again met in-person for the American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference.
Approximately 200 lawyers, judges, legal scholars, appraisers, law students…
The Circle Is Now Complete: A Sampling Of Final Paper Topics From William and Mary Law’s Eminent Domain & Property Rights, And Land Use Courses
If you ever get the opportunity to teach in a law school — either as a full-time legal scholar, or part-time as an expert adjunct practitioner — take it if you can. You might think you know a lot about a particular subject, but there’s nothing like spending time at the lectern in a law…
Michigan: Legislature Can’t Abrogate Long-Existing Property Rights Without Compensation
It’s already settled in Michigan (Rafaeli) that a homeowner has a property interest in the equity in her home, and that if she fails to pay the full amount of her property taxes and the government forecloses, the government can’t keep the proceeds in excess of the amount of the tax delinquency.
But…
Texas AG: Saying You’re Working On The Railroad Isn’t Enough To Actually Be Operating A Railroad, Bullet Train
Here’s the State of Texas’s amicus brief in support of the property owners in the case now pending in the Texas Supreme Court about whether the developer of the proposed Dallas-Houston “bullet train” may exercise the delegated power of eminent domain as a “railroad company” or an “interurban electric railway company” as those terms are …
Latest Ep, Eminent Domain Podcast: The Legacy Of Robert Moses (Judge Andrew Edison)
Check this out, the latest episode of Clint Schumacher’s Eminent Domain Podcast, where his guest is Judge Andrew Edison (who may be familiar to many of you for his ALI-CLE presentation a couple of years ago about the eminent domain angle in the JFK assassination film).
Today, the topic is Robert Moses, NYC…
NY App Div: Taking In Albany’s “Parking Lot District” Meets Low Redevelopment Standards, Even Though No One Seems To Want To Redevelop
If you knew nothing about a case except that it was public use challenge to a redevelopment condemnation in New York, you’d be on firm footing if you guessed the outcome was not going to be favorable to the property owner. New York, after all, is what one colleague called the worst in the nation…




