Those of us who practice eminent domain and land use law see the world through a different lens than everyone else. When normal people get stuck in traffic because of highway construction, they may view it as a mass of cement mixers, graders, and safety-vested crews. We eminent domain lawyers see partial takes, severance damages
New Article Of Note: The Role Of Eminent Domain Abuse In Detroit’s Downfall
Worth reading: Gideon Kanner, Detroit and the Decline of Urban America, 2013 Mich. St. L. Rev. 1547 (2014), in the forthcoming issue of that august publication. Its not yet available on the law review’s web site, but Professor Kanner has written up a summary on his blog (he might even send you a
Use Eminent Domain To “Redevelop” A Sports Franchise, And Take It From An Undeserving Owner?
[Note: we were all set to be the “firstest with the mostest” on these issues, but, as is often the case, Professor Kanner beat us to the punch (“The Clippers and Eminent Domain – It Was Only a Matter of Time“).]
What we’re talking about, of course, is the recent (and ongoing)
“Incidental Public Benefits – Such As Employment Opportunities, Increased Tax Revenue” Does Not Make A Project “Public”
Check out this language from a recent decision by the U.S. District Court for the District of D.C.:
The CityCenterDC development may be a laudable and exciting public-private partnership, and it may entail a more comprehensive level of urban planning and cooperation than the ordinary project, but the exercise will result in the creation of
Sometimes, It’s Good To Be The (Burger) King: General Power Of Eminent Domain Does Not Include Blight Elimination
We often jokingly suggest that in eminent domain, “it’s good to be the King!” quoting that eminent eminent domain scholar Mel Brooks. We think this catchphrase aptly describes the “most awesome grant of power,” City of Oakland v. Oakland Raiders, 220 Cal. Rptr. 153, 155 (Cal. App. 1985), under which the condemnor
31st Annual ALI-CLE Eminent Domain And Land Valuation Litigation (New Orleans)
Next week, we’ll be in New Orleans for the 2014 edition of the ALI-CLE Eminent Domain program, now in its 31st year.
As usual, my Owners’ Counsel colleagues Leslie Fields and Joe Waldo (the programming co-chairs) have put together a fantastic 2.5 day of programming, taught by expert faculty. At 11:00 a.m. on
Should The Honolulu Charter Eliminate The Already Minimal Check Of A Mayoral Veto On Eminent Domain Resolutions?
The Honolulu City Council has proposed a charter amendment that asks the voters to approve eliminating the Mayor’s current veto power over the Council’s eminent domain resolutions.
The Resolution doesn’t directly say that, of course, but what it does command is that after the Council adopts a resolution to take property, the city administration must
Surprise – New Article In Mortgage Resolution Partners Law Review: Use Of Eminent Domain To Take Mortgages OK!
Check this out: the lawprof who thought up the underwater mortgage taking plan, Cornell’s Robert Hockett, along with his co-author, the “Founder and Chief Strategy Officer” of Mortgage Resolution Partners (the venture capitalists who are funding the scheme and who stand to benefit from it), have posted a new article in the Harvard Law
Virginia S Ct: No Taking Of Non-Blighted Property That Happens To Be In An Area Designated “Blighted”
Earlier today, the Virginia Supreme Court, in PKO Ventures, LLC v. Norfolk Redevelopment and Housing Authority, No. 121534 (Sep. 12, 2013), invalidated takings of non-blighted properties which were part of a larger area designated as blighted.
In 2007, Virginia adopted a statute requiring that if property is taken to eliminate blight, the property
The Other Shoe Drops: Banks Sue Richmond, California Over Mortgage Eminent Domain Scheme
Today’s the first day of the ABA Annual Meeting in San Francisco, so we haven’t had time to do more than scan the Complaint for Declaratory and Injunctive Relief, filed yesterday in San Francisco federal court, challenging the plans of Mortgage Resolution Partners and the City of Richmond, California to take underwater mortgages by