Our thanks to our friends and colleagues at the ABA Section of Real Property, Probate & Trust Section’s Land Use and Environmental Group for inviting us to a discussion of the latest and greatest decisions of interest.
We only had an hour together, so naturally could not cover everything of interest (indeed, we reserved a
It can be somewhat of a challenge to blog about many of the opinions from New York’s appellate courts (dun-dun) because they are typically short. What more (or less!) can you say about an opinion that is very short? We mean really short. Like 3 pages short.
Such it is with the Appellate
Here’s the latest (maybe last?) in a case we’ve been following for a long time.
On Friday, the Court denied the petition for writ of certiorari, with three Justices noting that they would have granted the petition. Justice Thomas, joined by Justice Gorsuch dissented from the denial of cert, while “Justice Kavanaugh would
Another takings opinion from the Supreme Court, this time in a (putatively) eminent domain case we’ve been following.
In PennEast Pipeline Co., LLC v. New Jersey, No. 19-1039 (June 20, 2021), the majority (Roberts, CJ, joined by an unusual, cross-aisle lineup of Justices Breyer, Alito, Sotomayor, and Kavanaugh) concluded that a private pipeline
In which we pay a return visit to Clint Schumacher’s Eminent Domain Podcast to catch up with Clint about our new gig, Cedar Point (briefly, since the opinion came down the day we recorded the podcast), just compensation and attorneys’ fees, assessing severance damages in appraisals supporting jurisdictional offers, public use
Mark your calendars for September 30 – October 1, 2021, and join us at the William and Mary Law School in Williamsburg, Virginia for the 18th Annual Brigham-Kanner Property Rights Conference. It’s planned to be in-person, so when we mean “join us” we really mean join us.
This year the Conference will recognize the lifetime
67-day bench trial. 84-page decision. Check out the Superior Court’s Tentative Statement of Decision in a case in which a property owner has successfully challenged the Town of Apple Valley’s attempt to take a private water company so the Town could operate it itself.
There’s a lot going on, and to understand the decision you
What’s up with that (sorta) snarky headline, you ask? After all, isn’t the PennEast v. New Jersey case, heard yesterday by the Supreme Court, a real honest-to-goodness eminent domain case about a pipeline?
Doesn’t the transcript show terms like “in rem,” “takings,” “eminent” and “eminent domain” were used a whole lot? Aren’t a lot of
Here’s the recently-filed cert petition in a case we’ve been following.
Rather than attempt to sum it up, we suggest you read the petition, especially the Questions Presented:
Montana Dakota Utility (hereinafter MDU), a private corporation, employed the power of eminent domain to procure an easement on Vern Behm’s farmland immediately along a pre-existing
Under a Massachusetts statute, local redevelopment agencies have the power to respond to “decadent, substandard, and blighted open areas” either by creating an urban renewal project (redeveloping an area pursuant to a “detailed” and “comprehensive” plan; the statute expressly includes the power of eminent domain for urban renewal projects), or by a “demonstration” development (a