The Connecticut Supreme Court has issued opinions in a trio of closely-watched eminent domain cases. The first two opinions deal with technicalities of eminent domain law, but the third overturns a $12 million jury verdict that the Town of Branford, Connecticut abused its eminent domain power.
In Town of Branford v. Santa Barbara, SC
ALI-ABA Annual Eminent Domain Conference Wrap-Up
We just wrapped up the annual three-day Festival of Eminent Domain Law, otherwise known as the American Law Institute | American Bar Association’s two CLE conferences, “Eminent Domain and Land Valuation Litigation,”and “Condemnation 101: How To Prepare and Present an Eminent DomainCase.”
Dana Berliner, Matt Fellerhoff and I spoke about about “Winning Arguments in
Nebraska Court Of Appeals: Taking Did Not Violate Post-Kelo Ban On Economic Development Condemnations
In City of Omaha v. Tract No. 1, No. A-09-323 (Jan. 26, 2010), the Nebraska Court of Appeals held that a post-Kelo “no takings for economic development” statute did not prohibit the city from taking property for a decleration lane on a public road simply because the lane leads to a “well-known national
New Book: At the Cutting Edge 2009: Land Use Law from The Urban Lawyer
One of the benefits of doing your own blog is that every now and then you are allowed to engage in a little shameless self-promotion (what’s this “every now and then?”).
Well, here goes.
The ABA has announced the forthcoming publication of a new book by the State and Local Government Law Section: At the
Eagle On Regulatory Takings (4th ed. 2009)
I just received my copy of the latest edition of Professor Steven J. Eagle‘s definitive treatise Regulatory Takings (Lexis/Nexis, 4th ed. Dec. 2009).
Like the earlier editions, this is a must-have for every land use and property law attorney’s back bookshelf.
Chapters include “Property Rights and Their Sources,” “The Ascendancyof Land Use Regulation,” “Analytical
Developer’s Brief In Hawaii Eminent Domain Abuse Case: Pretext, Actual Purposes, And Private Benefit
The developer in the two condemnation cases arising out of the County of Hawaii’s attemptsto take a Kona family’s property has filed its Answering Brief in the latest phase of County of Hawaii v. C&J Coupe Family Ltd. P’ship.
We posted the County’s Answering Brief here.
We represent the property owner in these
Government’s Brief In Hawaii Eminent Domain Abuse Case: Pretext, Actual Purposes, And Private Benefit
The County of Hawaii has filed its Answering Brief in the latest phase of County of Hawaii v. C&J Coupe Family Ltd. P’ship,two condemnation cases arising out of the County’s attemptsto take a Kona family’s property. The brief responds to the Opening Brief which my Damon Key colleagues Ken Kupchak, Mark Murakami
The Latest On Eminent Domain In New York From The NY Times
The New York Times’ “Square Feet” column today posted “Lessons on Limits of Eminent Domain at Columbia,” about the recent decision in Kaur v. New York State Urban Dev. Corp.,2009 NY Slip Op 08976 (Dec. 3, 2009). In that case, the New York SupremeCourt, Appellate Division (First Department) struckdown the attempted
Two New Books On Eminent Domain
Check it out: two recently-published books on eminent domain. We’ve not had a chance to read either one yet, but they both look promising:
- Before Eminent Domain: Toward a History of Expropriation of Land for the Common Good by Susan Reynolds. From the publisher’s description: “In this concise history of expropriation of land for
“At the start of this project, my company announced that it would try to avoid the use of eminent domain”
This probably isn’t the phrasing you should use if you are trying to convince others that you are not a “politically connected developer” who got the government to exercise eminent domain on your behalf.
“Atlantic Yards project was not properly presented,” complains Charles Ratner, the president of Forest City Enterprises in this letter to the