As we hinted at a couple of weeks ago, we have some good — nay, great — news: the Eminent Domain Podcast, retired earlier this year by its originator Clint Schumacher, is back with a new host and a slightly new title: “Come and Take It: The Eminent Domain Podcast.”
S Dakota: Only Way To Read Precondemnation Entry Statute Constitutionally Is Allowing “minimally invasive superficial inspections” and “minor soil disturbances”
This would not be authorized.
Here’s the latest in an issue that found new vitality after the U.S. Supreme Court’s decision in Cedar Point affirming that government-authorized physical entry to private property is presumptively a taking.
This is the “precondemnation entry” issue in eminent domain which several courts have addressed:
New Cert Petition: When State Law Bars Owner From Challenging A Taking, Can Federal Court Abstain?
Here’s the latest takings cert petition. This one seeks review of the Seventh Circuit’s affirming the district court’s sua sponte abstaining from considering a property owner’s challenge to a Wisconsin municipality’s exercise of eminent domain.
The court concluded that federal courts could — but shouldn’t — consider the owner’s public use challenge
PA: No Funny Business – It Isn’t A Public Purpose For Railroad To Take Property To Benefit Single Customer
It is worth your time to check out the Pennsylvania Supreme Court (Middle District)’s decision in Wolfe v. Reading Blue Mountain & Northern RR Co. No. J-10A-2024 (Aug. 20, 2024).
The court invalidated an exercise of eminent domain by a railroad, concluding the taking was not for a public purpose because it was intended
Register Now: 21st Brigham-Kanner Property Rights Conference, William & Mary Law School, Sep. 12-13, 2024
Come join us in Williamsburg, Virginia at the William and Mary Law School for the 21st edition of the Brigham-Kanner Property Rights Conference. The Conference is unique, because its express purpose is to bring property legal scholars and property law practitioners together to discuss, what else, property and property rights law.
Yes, there’s a
Blight Slight: No Taking Of Property For “The Proposed Project” When No Project Has Been Proposed
You all have likely seen ’em, those “We Buy Houses Any Condition” billboards letting the world know that no matter what condition it might be in, there’s an outfit that says it is willing to buy your house.
Well, that outfit ran into the one other outfit that is willing to buy your house
When Is A Sidewalk Not — You Know — A “Pedestrian Way”? Wisconsin Supreme Court Clues Us In
We were all set to write up the Wisconsin Supreme Court’s recent opinion in Sojenhomer LLC v. Village of Egg Harbor, No. 2021AP1589 (June 19, 2024) — after all, we were already following the case — when Lawprof Ilya Somin beat us to the punch: “Wisconsin Supreme Court Rules Sidewalks are not “Pedestrian
New “Spite Taking” Cert Petition: Can Govt Take Property To Stop Owner From Making An Allowed – But Disfavored – Use?
Here’s the latest in a case we’ve been following.
Our friends at the Institute for Justice have filed this cert petition asking the Supreme Court to take up the case where a New York town eminent domained the Brinkmann property for a public park.
What’s wrong with that, you ask…isn’t a public park a
(Another) Must-Listen Podcast: Infrastructure Junkies’ “The Greatest Eminent Domain Story That You’ve Never Heard!”
This one is about Robert Moses. Yeah, that guy. You may think you know the story, but even if you do, it will be worth your time to listen to this episode of Dave and Kristen’s Infrastructure Junkies podcast. You will probably learn something new like me.
Here’s the pod’s description of the episode:
New Bound by Oath Episode: Berman, Public Use, And Urban Renewal
This is a must-listen, the latest episode of John Ross’s Bound by Oath podcast. This season is covering property rights, and this episode details Berman v. Parker, which may be the first case in what we’ll call the “modern era” where the Supreme Court set the judicial hands-off tone for public use challenges.
The