This morning at the ALI-CLE Eminent Domain and Land Valuation Conference, we made a presentation (along with Cornell lawprof Robert Hockett and moderator Jim Burling) on the issue of the use of eminent domain to seize “underwater” mortgages.
Late breaking: it must have been something we said – the Joint Powers Authority (the agency formed
If you have followed the Atlantic Yards eminent domain abuse fight (so well captured in the docfilm Battle for Brooklyn), you know there are a handful of blogs that chronicle the situation in real time, often with great passion.
We checked in today with one of the leading blogs, noLandGrab today, only to find
Update: More here (Ilya Somin at Volokh), and here (Ilya Shapiro at CATO).
A coalition of property rights advocates including the National Federation of Independent Business Small Business Legal Center, the CATO Instiutute, the Owners’ Counsel of America, and lawprofs James Ely, David Callies, Todd Zywicki, Randy Barnett, Eric Claeys
The Summer 2012 issue of the Urban Lawyer, the law review published quarterly by the ABA’s Section of State and Local Government Law and UMKC law school is now available on-line, and includes my short article on the latest developments in public use in eminent domain law.
To download your copy, click here.
It’s time for the annual ALI-CLE (fka ALI-ABA) eminent domain conferences, to be held January 24-26, 2013 in Miami Beach, Florida.
In the “advanced” course, Eminent Domain and Land Valuation Litigation, we’ll be covering topics such as “Condemning Underwater Mortgages,” “An Engineer’s Role in Damage,” “How To Develop and Implement a Business Plan for
In the nearly eight years since the Supreme Court’s infamous decision in Kelo v. City of New London, the Court has yet to provide any clarification about what it meant when it said that a taking will not survive public use analysis when the proffered justification is a pretext to private benefit. Despite massive
Here’s what we’re reading today:
China again. And this time, the holdout is not going to die (what we fear happens to those who dare object there), but is already gone. According to this story (more photos inlcuded), “Developers bought a cemetery and paid villagers to relocate the remains of their loved ones. All except one. The grave has
Gideon Kanner recently asked “Whatever Happened to Condemnation of Underwater Mortgages?”
Watch this November 23, 2012 interview with the chairman of Mortgage Resolution Partners for the views from the outfit that proposed the idea of using eminent domain to take underwater mortgages. He says the idea is “not dead at all … but
Here’s a short one from the Ohio Supreme Court. In City of Girard v. Youngstown Belt Railway Co., No. 2012 Ohio 5370 (Nov. 21, 2012), the court held:
In this case, we are called upon to determine the extent to which the Interstate Commerce Commission Termination Act (“ICCTA”), 49 U.S.C. 10101 et seq.