This morning, along with Amy Brigham Boulris, we started off the ALI-CLE Eminent Domain conference with our annual "Eminent Domain Update" session, focusing on what we see as the hottest issues and most important cases in the area which were decided in the last year. As promised, here are links to the opinions for the decisions which we discussed or which are in the written materials:
- City of Chicago v. Eychaner - it's all about the plan.
- "To, but not through" - Kentucky Court of Appeals: pipeline isn't "in public service" to the people of Kentucky if there are no pipeline offramps in Kentucky.
- Facts, facts, facts: NC Court of Appeals strikes down taking for bad motive - Town of Matthews v. Wright.
- Iowa: Delegations of eminent domain power strictly construed. Clarke County Reservoir Comm'n v. Robins Trust.
- Minnesota Supreme Court orders condemnor to buy the farm.
- Texas Rice Land Partners v. Holland: common carriers, pipelines, and the power to take.
- Texas Supreme Court on valuation in billboard takings.
- Federal Circuit: the "before" condition in railroad easement takings includes the junk the railroad leaves behind.
- Virginia's Entry Statutes Isn't Facially Unconstitutional.
- California Supreme Court now considering the validity of the "entry statute."
- Cal Ct App: not so fast on California's entry statute.
- Temporary "no build" area while city gets around to condemnation is a taking.
- NC's "map act" is a taking because it land banks.
- Nevada Supreme Court: no taking when DOT announced future plans to condemn.
- Georgia Court of Appeals: Owners are entitled to temporary takings damages as well as just compensation when condemnor drops taking.
- Florida: quick take deposit vests only owner's right to compensation, not to specific funds (so condemnor owns the interest of the deposit).
Also, from the afternoon session with Justice Anderson's advice from the bench, the opinion which he authored that you really should read:
- Moorehead Econ. Dev. Auth. v. Anda, Minnesota Supreme Court (2010) (per Anderson, J.).
One more, from Janet Bush Handy's talk on "Advice to Condemnees From Condemnors," the Maryland decision quoting the Reagan Dictum ("we're here from the government and we're here to help").
- Litz v. Maryland Dep't of the Environment (Jan. 22, 2016)
More to come.
