Public Use | Kelo

ALI-CLE-2016-masthead

We’re exactly one month away from the 2016 Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, which runs from January 28-30, 2016, in Austin, Texas. 

Together with our friends and colleagues Joe Waldo, Jack Sperber, and Andrew Brigham, we think we’re put together a pretty good program that covers a lot of

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More from our end-of-year clearing of the opinion hopper.

Winston Churchill reportedly said, “Never give in–never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honor and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.”

Well, the

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Whatever you might celebrate at this time of year — Christmas, Chanukah, Kwanzaa, Festivus, or whatever (or even if you don’t celebrate anything except good cheer and gift giving) — here’s our suggestion for the gift for the takings nerd in your life: Professor Ilya Somin’s fantastic book, “The Grasping Hand: Kelo v. City

A shorter one today. In Catalina Foothills Unified School Dist. No. 16 v. La Paloma Prop. Owners Ass’n, Inc. No. 1 CA-CV 14-0838 (Nov. 24, 2015), the Arizona Court of Appeals held that a statutory grant of power to school districts to take property for “buildings and grounds” also implied the power to take

ALI-CLE-2016-masthead

Here’s the full agenda for the 2016 Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, January 28-30, 2016, in Austin, Texas. 

Together with our friend and colleague Joe Waldo, we think we’re put together a pretty good program that covers a lot of ground. This is the first time the conference has been

From the Ninth Circuit, a published opinion in a case challenging a Napa Valley city’s mobilehome rent control ordinance, Rancho de Calistoga v. City of Calistoga, No. 12-17749 (Sep. 3, 2015). Here’s a complete summary of the issues in the case, along with the Ninth Circuit merits and amici briefs. We’ve been following it because

Here’s an article by IJ’s Dana Berliner, a retrospective on public use in eminent domain and where the decade since Kelo has left us.  

It is a sign of the constitutional damage Kelo caused that these two related features of the opinion—blind deference and the refusal to engage with facts—have marked post-Kelo jurisprudence.

The Solicitor General of South Carolina has issued this opinion letter, answering the following three questions about a state statute which “purports to confer all rights, powers, and privileges given to telegraph and telephone companies” to pipeline companies:

  • Since S.C. Code § 58-7-10 et seq. appears to mainly concern waterworks, sewage disposal, and natural