A law journal article worth reading (short, not too many distracting footnotes) on takings theory.
In Imperfect Takings, 46 Fordham Urban Law Journal 130 (2019), Professor Shai Stern writes about what he calls the “three safeguards” in eminent domain (due process, public use, and mandatory compensation), and how to evaluate the legality of takings
The Arizona Corporations Commission has authority to regulate the sale, lease, assigning, mortgage of a public utility’s assets, including when those assets are “otherwise dispose[d] of.” These transactions need the Commission’s approval.
The city intended to exercise eminent domain to take the assets of a water utility. This sure looked like a “friendly” condemnation: the
Great crowd today in Austin for CLE International’s Eminent Domain seminar, co-chaired by our colleagues Chris Clough, Sejin Brooks, and Christopher Oddo. We spoke about “National Trends and Developing Issues in Eminent Domain.”
Here are the cases I referred to which are not included in your written materials:
Pop quiz: Quick! Name the races in the Triple Crown of horse racing… There’s the Kentucky Derby (check) … the Belmont Stakes (check) … and … oh yeah, the Preakness Stakes. We always almost forget that last one.
But the City of Baltimore sure hasn’t. Because the home city of Pimlico racetrack and the aforementioned
Last week, author Howard Mansfield joined us at the William and Mary Law School for two sessions about his recently-published book, “The Habit of Turning the World Upside Down – Our Belief in Property and the Cost of That Belief.” His book is about property, property rights, and what he has discovered about
Our colleague Dwight Merriam was recently interviewed on the radio about issues surrounding the existing and proposed wall and fence along portions of the southern border.
If you want to get educated on this issue, here’s the quick way to do it.
Dwight discusses funding, emergency powers, the Declaration of Taking Act, and other topics.
The South Carolina Constitution, like the Fifth Amendment and just about every other state constitution, prohibits takings of “private property” without just compensation. See S.C. Const. art. I, § 13(A).
But does that govern the situation where the owner of the property allegedly taken by a city and the State DOT by creating sinkholes
Here’s the latest in a case we’ve been following, involving what Colorado calls “bad faith” condemnations.
In this order, the Colorado Supreme Court has declined to review the Court of Appeals’ conclusion that a taking ostensibly to preserve open space and a buffer zone between two municipalities, was an invalid exercise of the
If you didn’t register to attend the 36th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference later this week in Palm Springs, California, well then, shame on you!
According to the National Weather Service, while you and the rest of the country is freezing, we’ll be enjoying the balmy desert climes, and discussing
Don’t Miss the 2019 Eminent Domain Litigation Conference from American Law Institute CLE on Vimeo.
Check out this sound blurb, produced by the good media folks at ALI-CLE, about the upcoming Eminent Domain and Land Valuation Litigation Conference. (And no, we didn’t record this in a jazz club; although I wish we had.)
There’s