Here are links to the cases and other materials which I mentioned today in our session at the Transportation Research Board's 56th Annual Workshop on Transportation Law in Salt Lake City:
- Urban Lawyer article: Recent Developments in Eminent Domain.
- Barton v. City of Norwalk: Connecticut Supreme Court "gets" the larger parcel issue.
- Materials on Murr v. Wisconsin and the "larger parcel" issue in regulatory takings.
- My draft article on Murr.
- The Hawaii Supreme Court on the larger parcel issue in eminent domain.
- The latest on precondemnation entry (from the Virginia Supreme Court).
- Fourth Circuit: the condemnor defines the scope of the taking.
- Goodwill losses in California for nonprofits.
- Jarreau v. South Lafourche Levee District (cert petition filed 7/31/2017) - does the Fifth Amendment require compensation for business losses?
- Effect of project announcement: North Carolina, Nevada, and California.
- Damage to property not taken: Texas, Idaho.
- Uniform Relocation Act and attorneys' fees.
- Tribal property may be immune from condemnation.
- Strict adherence to condemnation statutes: Pennsylvania, Georgia (the Georgia Supreme Court recently heard oral arguments in that case).
- Highest and best use doesn't require the owner to have more than "conceptual plans" according to the Florida Court of Appeals.
- Valuation and just compensation: the US Supreme Court denies review, but notes that the issue may be coming back.
- Brott v. United States (6th Circuit) - right to jury trial in an Article III court in federal inverse condemnation cases.
- Violet Port Dock: Louisiana Supreme Court reviewing a private taking case.
And the point of the epigraph photo? Nothing really, except Utah has really long, and really straight, roads (and beautiful blue skies).
