We can’t reproduce the entire interview, and the link to the online version is behind a partial paywall, but here are the highlights of a recent interview, where A. Kam Napier, the Editor-in- Chief of Pacific Business News, came by and chatted with us about eminent domain, property rights, and the Honolulu rail
A couple of noteworthy conferences upcoming, one in-person, the other a “webinar” format:
Frequent readers know that we just love the Australian comedy film “The Castle,” which tells the tale of one man’s legal fight to save his family’s home from the abusive exercise of eminent domain power. (See “Kelo Down Under,” our review.) The case is played for laughs and in the
Weird headline from KITV. No, owners whose property is taken for the rail aren’t “profiting” if they are able to get more for their land than what the condemning agency offered; “just compensation and damages” are required by the constitution, and if they are able to obtain more, in many cases that still leaves them
Metropolitan St. Louis Sewer District v. City of Bellefontaine, No. ED101713 (Feb. 24, 2015), is another one of those cases where construction by a city resulted in damage to property. The water district sued for inverse condemnation, among other things. Only twist here was that it wasn’t exactly “private” property, but property owned by another municipality
The State of New York wants to build the Bronx River Greenway, a “23-mile-long ribbon of green with a multi-use path that will extend along the full length of the river in Westchester County and the Bronx.” Who could argue with that?
Amtrak, that’s who. After failing to acquire 6 parcels along the river
A short one from the Texas Court of Appeals. As we noted in this post recently, Texas has bifurcated its eminent domain process. After a petition in condemnation is filed in court, in the “administrative” phase, the court appoints commissioners whose job it is to hold a hearing and render an opinion on value.
[To reserve your space, please email your RSVP to me or Mark, or call either of us at (808) 531-8031.]
On Thursday, March 5, 2015, from 6:00 – 7:15 p.m. at the Farrington High School Cafeteria (1564 North King Street, Honolulu, Hawaii), we’re inviting property owners, businesses, and residents whose rights
Here’s the latest pipeline takings case from Texas.
This one has been to the Texas Supreme Court before (see our post “‘Common Carrier’ Claim Subject To Actual Judicial Review“). That decision required trial courts to make an actual and factual inquiry into a claim that a pipeline company is a common carrier with
This is the first of two posts today out of the Tar Heel State (here is the other one).
North Carolina lawyers no doubt knew this, but we can’t say that we did: the North Carolina Constitution currently does not have a provision that mirrors the Fifth Amendment’s Takings Clause.
According to these