If you are in the Austin area (or anywhere in Texas for that matter), please consider joining us April 13 and 14, 2023 for the 22d Annual Texas Eminent Domain Conference.
Two days of great programming and talking shop, plus a chance to connect and re-connect with friends and colleagues. And, of course, all
A short one today from the Wisconsin Court of Appeals.
In Sojenhomer LLC v. Village of Egg Harbor, No. 2021AP1589 (Mar. 14, 2023), the court held that when a statute prohibits the use of eminent domain to acquire property for a “pedestrian way,” the village cannot take for a sidewalk.
Seems pretty obvious, no?
Remember that case from a couple of years back, where the Supreme Court, by a tantalizingly close vote, declined to grant a cert petition seeking review of an Illinois decision that preventing future blight was a sufficiently public use to support a redevelopment taking?
A law student at Catholic U. law school recently made a
The International Right of Way Association‘s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.”
And what is really nice is that they make the report available.
Here’s the latest.
We’re posting it here because we’re one of the co-authors. Hat tip
We were eagerly anticipating 40th American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference. The 2022 Conference in Scottsdale was one of the first meetings where everyone was back in-person (and was a smashing success), but that conference was early in the game so not everyone could or would attend. But in the past
Land users: come join us online for the 36th Annual Land Use Institute. Yes, the venerable program is back again, with the usual line up of dirt law experts covering all you need to know and bringing you up to speed on the latest. Here’s the description of the program:
This Annual Land Use Institute
We really want you there…
One (nearly) last reminder that there’s still time to register for your space at the 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, February 1-4, 2023, in Austin. In the past several years, we have sold out due to the conference room capacity and the conference hotel block.
Unsurprisingly there isn’t a lot there in the majority opinion in Bowers Dev. LLC v. Oneida Cnty. Indus, Dev. Agency, No. 2022-00744 (Dec. 23, 2022) (this is from the New York courts after all, which don’t seem to write long opinions), but we’re posting it so you can compare the majority with the dissent.
A classically short opinion from the New York Supreme Court (Appellate Division, Fourth District) in HBC Victor LLC v. Town of Victor, No. 683 (Dec. 23, 2022). (So short that we were tempted to simply post the opinion and let you read it, because it will probably take you just as long to read
Check this out, a decision upholding a necessity challenge to a taking.
Necessity, you say? What’s this? Aren’t necessity challenges subject to an even more deferential judicial standard of review than the rational basis test applied to declarations of public use? Didn’t the U.S. Supreme Court in Adirondack Ry. Co. v. New York, 176