Remember the Roca Solida case? That’s the follow up to the Supreme Court’s recent decision in United States v. Tohono O’odham Nation, 131 S. Ct. 1723 (2011), highlighting the jurisdictional problem in takings cases which that case left open. We labeled it a “jurisdictional ambush” that awaits any property owner who has a takings
Takings Claim Rejected, But Property Owners Win In Louisiana: Statute Limiting Closing Of Private Railroad Crossing Isn’t A Taking Under State Constitution
Here’s a case in which the court ruled there wasn’t a taking, but it could be argued that the property owners won. How so? Because this case pitted the property rights of railroads against the property rights of the owners over whose land the rail lines run.
The U.S. Court of Appeals asked the Louisiana Supreme
Leviathan Shrugged: Oral Arguments In Horne Reveals The Taking, But Remedy Still Open
“It’s Frank’s world, we just live in it.”
– attributed to Dean Martin, about Frank Sinatra
A narrowly drawn opinion from the Supreme Court in Horne v. Dep’t of Agriculture, No. 14-275, argued in April and to
2d Cir: Amtrak SOL On Claim Its Property Immune From NY’s Eminent Domain Power
The State of New York wants to build the Bronx River Greenway, a “23-mile-long ribbon of green with a multi-use path that will extend along the full length of the river in Westchester County and the Bronx.” Who could argue with that?
Amtrak, that’s who. After failing to acquire 6 parcels along the river
ALI-CLE 2015 Eminent Domain Conference: Links From Today’s Presentation
Here are the cases which I spoke about this morning at the 2015 ALI-CLE Eminent Domain and Land Valuation Litigation conference:
- Brandt: Supreme Court benchslap on Rails-to-Trails
- Utah: You might have a public use problem if your only reason for taking excess property is that you wanted to avoid litigating severance damages
- Fourth
Right To Compensation Self-Executing: Property Owners Entitled To Jury & Article III Judge In Federal Inverse Cases
It’s been accepted for such a long time that it’s become one of those things that “everyone knows we’ve always done it that way,” but most probably don’t quite know why that is so: if you have to sue the United States for a regulatory taking or inverse condemnation, you go to the
New Blog Worth Following: Federal Takings
Here’s one to definitely add to your blogroll: Federal Takings, by the rails-to-trails litigation practice at Arent Fox, including our frequent guest blogger, Thor Hearne.
The focus is on rails-to-trails cases, but also by necessity covers takings cases in the Court of Federal Claims and the Federal Circuit. Recent posts include, “Arent Fox
New Cert Petition: In Rails-To-Trails Case, Fed Circuit Should Have Punted State Law Contracts Question To State Court
Here’s a new cert petition, filed yesterday, that poses two interesting issues, the first of federalism, the other of exactions.
This is a rails-to-trails case in which the federal government asserts that the easements imposed on private property for a public park in New York City after the railway was abandoned did not result
New York Times SCOTUS Reporter: Wow, Brandt Was About Rails-To-Trails And Property Rights!
We finally got around to reading “What Lies Beneath,” an opinion piece from the New York Times that we’ve been saving in our to-read list since the spring, Linda Greenhouse’s musings on the U.S. Supreme Court’s 8-1 decision in Marvin M. Brandt Revocable Trust v. United States.
In that piece, Ms. Greenhouse
Mark Your Calendars: 2015 ALI-CLE Eminent Domain and Land Valuation, and Condemnation 101 – February 5-7, 2015, San Francisco
ALI-CLE, the good folks who put on the annual programs on Eminent Domain and Land Valuation, and Condemnation 101: How to Prepare and Present an Eminent Domain Case, have announced the dates and venue for the 2015 conferences:
Thursday – Saturday, February 5-7, 2015
Hotel Nikko, in San Francisco.
Those