Worth reading: Gideon Kanner, Detroit and the Decline of Urban America, 2013 Mich. St. L. Rev. 1547 (2014), in the forthcoming issue of that august publication. Its not yet available on the law review’s web site, but Professor Kanner has written up a summary on his blog (he might even send you a
Public Use | Kelo
Upcoming CLE Of Note: Using Eminent Domain To Seize Underwater Mortgages – Legal Issue and Current Realities
Mark your calendars for next week Thursday, May 22, 2014. ALI-CLE, the good folks who put on our annual Eminent Domain and Land Valuation Litigation and Eminent Domain 101 conferences, are sponsoring the above-titled teleconference/webinar. Here’s the program description:
The City of Richmond, California rattled the universe of real estate lenders, trustees, owners, bankers…
New Article: “Inclusionary Eminent Domain,” A “Paradigm Shift In Takings Law”
We offer this one to you without comment, since we haven’t had a chance to read anything more than the abstract. Sounds intriguing, no?
This Article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept provides a framework that molds eminent domain takings and economic redevelopment into an …
Use Eminent Domain To “Redevelop” A Sports Franchise, And Take It From An Undeserving Owner?
[Note: we were all set to be the “firstest with the mostest” on these issues, but, as is often the case, Professor Kanner beat us to the punch (“The Clippers and Eminent Domain – It Was Only a Matter of Time“).]
What we’re talking about, of course, is the recent (and ongoing)…
“Incidental Public Benefits – Such As Employment Opportunities, Increased Tax Revenue” Does Not Make A Project “Public”
Check out this language from a recent decision by the U.S. District Court for the District of D.C.:
The CityCenterDC development may be a laudable and exciting public-private partnership, and it may entail a more comprehensive level of urban planning and cooperation than the ordinary project, but the exercise will result in the creation of…
A Plague O’ Both Your Houses Of Cards
By Robert H. Thomas on
We’re not sure whom to root for in this one, the crony capitalist movie moguls who’ve threatened to pull up stakes if the legislature doesn’t give them additional tax credits continue to film the House of Cards series in Maryland, or the members of the state House of Representatives who responded by threatening to…
Kentucky Judge: Private Pipeline Lacks Eminent Domain Power – Not “In Public Service” Because It Is Transporting Through Kentucky, Not To Kentucky
By Robert H. Thomas on
For the second day running, we’re posting a trial court ruling. This time, it’s from a Kentucky state circuit court, and although it does not have precedential value, we’re guessing it will go further up the food chain to an appellate court, so it’s worth paying attention to the issue now.
In Kentuckians United…
March Madness And Eminent Domain. Yes, Eminent Domain.
By Robert H. Thomas on
This comes our way from Virginia colleague Elaine Mittleman, who sends along a link to a story in yesterday’s Wall Street Journal, “NCAA Tournament: Why Won’t College-Basketball Coaches Stay Off the Court?”
The story is about how some college basketball coaches are “regular offenders” and routinely ignore the rule that they…
Aloha, Justice Acoba
Yesterday, according to the coconut wireless, was the official last day on the Hawaii Supreme Court for Associate Justice Simeon Acoba. State court justices and judges face mandatory retirement at age 70, and Justice Acoba’s birthday is coming up in March.
While time marched on, so did the process for selecting his successor…
TransCanada XL In Nebraska: “Not An Eminent Domain Case”
Our Owners’ Counsel of America colleague William Blake, a partner in the Lincoln office of Nebraska law firm Baylor Evnen, has put up a guest post on OCA’s Eminent Domain Law Blog about the TransCanada Keystone XL pipeline that recently saw a Nebraska trial court invalidating a state statute as unconstitutional.
Bill writes:…