Under Nebraska law, Natural Resource Districts possess the power of eminent domain, delegated to them by the state legislature. The question in Estermann v. Bose, No. S-15-1022 (Apr. 7, 2017) was whether four of those NRD’s could, in turn, re-delegate that power to a new agency which they jointly formed under the Interlocal Cooperation
La: “Something is wrong” – Post-Kelo Amendments Reduced Compensation For Levee Servitudes From “Full Extent Of The Loss” To Fair Market Value
When most jurisdictions reacted to the U.S. Supreme Court’s decision in Kelo v. City of New London, 545 U.S 469 (2005), they — naturally being aghast at the result — adopted legislation that either purported to make it easier on landowners, or harder on condemnors. Understandable, as the public uproar which Kelo caused has
“A Total Disaster From Start To Finish” – Expropriation And Economic Development, Canadian Style
We were in the neighborhood recently, so our Canadian colleague Shane Rayman suggested we pay a visit to the site of the largest expropriation (taking) of land in that country’s history, and what has been described as “the largest population displacement … since the 18th-century expulsion of the Acadians from the Maritimes.”
We’re talking about
Friday Round-Up: Murr Arguments, Exactions Cert Petition, Houston “Zoning”
Here’s what we’re reading this Friday:
- Here’s a more complete analysis of the recently-filed cert petition on whether legislatively-mandated permit conditions are exactions subject to Nollan/Dolan. From our colleague Bryan Wenter, former City Attorney for Walnut Creek, California. at Miller Starr Regalia’s land use blog.
- Professor Kanner on the Murr oral arguments. Our summary
The Eminent Domain Angle In The Hawaii Federal Court’s Immigration EO Ruling
We think we can find a takings angle in nearly anything. See here (net neutrality) here (the Supreme Court’s Obamacare decision), and here (a visit to Los Alamos, NM) for past examples.
So when reviewing last week’s U.S. District Court (D. Hawaii) order granting a nationwide TRO prohibiting enforcement of President Trump’s executive order
Eminent Domain Case To Watch: Violet Dock Port (Louisiana S Ct)
Here’s a case you should be following which involves both public use and just comp issues, now before the Louisiana Supreme Court.
The case is an appeal in an expropriation case from a quick-take of a Mississippi River docking facility downriver from New Orleans. The Port took the entire VDP facility, made no change
Monday Links: Murr SCOTUS Preview, Mass. Reg Takings Verdict, Great Wall Of America, Train Takings
Here’s what we’re reading this Monday:
- Preview of SCOTUS oral arguments in Murr v. Wisconsin. This is the “larger parcel” case which will be heard next Monday, March 20. The Cato Institute is having a session on it at its DC facility, “Rethinking Regulatory Takings.” If you can’t be there in-person,
New Article: Recent Developments In Eminent Domain
Here’s an article, recently published by the Urban Lawyer (the law review produced by our ABA section, the Section of State and Local Government Law), with our take on the most interesting and important eminent domain and takings rulings from the past year.
Many of the cases discussed will be familiar to regular
2017 ALI-CLE Eminent Domain Conference Wrap, 2018 Venue Announcement
When we previewed the 2017 ALI-CLE Eminent Domain & Land Valuation Litigation Conference while we were getting buried in the snow a couple of weeks ago, we promised there would be better weather in San Diego than much of the country was then experiencing. As you can see, we delivered.
We — and by
Links & Materials From Day 3 Of ALI-CLE Eminent Domain And Land Valuation Litigation Conference, San Diego
Our final day was anchored, as usual, by Pacific Legal Foundation’s Jim Burling, and property rights guru and advocate Michael Berger. Jim was his usual riveting self, and Michael supplied the insight to cases which only he can.
In case you are wondering, the above is the view from the dais, and no, I didn’t