The Pacific Legal Foundation has filed an amicus brief in Tuck-It-Away, Inc. v. New York State Urban Dev. Corp., No. 10-402 (cert. petition filed Sep. 21, 2010), the case in which upper Manhattan property owners have asked the U.S. Supreme Court to review the decision of the New York Court of Appeals in the
Materials And Links From The Webconference “Eminent Domain After Kelo”
Here are the slides that I used and links to the cases I discussed in “The Whacky and Wonderful World of Eminent Domain After Kelo.”
My presentation was entitled “Schlimmbesserung – Eminent Domain for Redevelopment.” Schlimmbesserung is one of those wonderful German compound words that have no direct translation into English, and means “worsening
Art Imitates Life In eminent domain: nyc
There was a time when eminent domain lawyers practiced in relative obscurity. Other than a select few, not many knew about condemnation or eminent domain law, or regulatory takings or inverse condemnation.
But ever since the U.S. Supreme Court’s decision in Kelo v. City of New London, 545 U.S. 469 (2005), which permitted the
NY Appeals Judge: “[T]here is no longer any judicial oversight of eminent domain proceedings.”
We knew that, but in case you didn’t take our word for it, here’s a judge from the New York Supreme Court’s Appellate Division to tell it like it is. In Uptown Holdings, LLCC v. City of New York, No. 2882 (Oct. 12, 2010), the Appellate Division held that the city’s Department of
January 13 & 14, 2011: 5th Hawaii Land Use Law Conference
Mark your calendars for January 13 and 14, 2011 for the 5th Hawaii Land Use Law Conference, to be held in Honolulu. Yes, it’s a few months away, but this is the Big One, it only comes around every two years, and you don’t want to miss it.
The program chairs are Professor David Callies
10/21/2010 Webconference: Eminent Domain After Kelo
On Thursday, October 21, 2010, from noon to 1:00 p.m. EDT, please tune in for the free web conference “The Whacky and Wonderful World of Eminent Domain After Kelo.”
I’m not sure I can live up to making eminent domain “whacky and wonderful,” but I will be speaking about what the Court in Kelo
Cert Petition In Columbia “Blight” Case: Are There Any Limits To Eminent Domain In New York?
In a case that could write the next chapter in the Kelo saga, the property owner recently filed this cert petition asking the U.S. Supreme Court to review the decision of the New York Court of Appeals in the Columbia “blight” case, Kaur v. New York State Urban Development Corp., No. 125 (June 24
New Condemnation Law Blog Focuses On Pacific Northwest
We’ve been kind of light on the blogging lately (epic road trip combined with brief writing does not a happy blogger make), but we did want to give a heads-up that our Owners’ Counsel of America colleagues Dennis Dunphy and Jill Gelineau have launched a new blog focusing on condemnation and land use issues in
Minn Supremes: Property Can Be Taken To “Reawaken The Spirit And Vitality” Of City Without Statutory Development Agreement In Place
This just in: the Minnesota Supreme Court has issued an opinion in a case we’ve been watching, Eagan Economic Development Authority v. U-Haul Co. of Minnesota, No. A08-767 (July 29, 2010). This is the case in which the Court of Appeals invalidated a quick-take because the redevelopment authority — which attempted to take property
Wisconsin Ct App: Property Owner’s “Check” Is Subject To Town’s Condemnation “Checkmate”
There are a host of issues in DSG Evergreen v Town of Perry, No. 2009AP727 (Wis. Ct. App. July 22, 2010) (the appellant raised seven grounds for appeal in this condemnation case), but this is the one that caught our eye. The property owner claimed that the town could not condemn its 1.5 acre