You should be following along with Clint Schumacher's Eminent Domain Podcast on your own, but in case you missed this one in your feed, be sure to check out the latest episode, which features U. Virginia Law School prof Molly Brady talking about "damage clauses" in state constitutions.
The podcast and links to the materials and cases discussed are posted here.
There's also a short segment on Brott v. United States, currently at the cert stage in SCOTUS. That's the one about Article III judges, and juries in inverse cases against the federal government (which under the Tucker Act, you don't get in the Article I Court of Federal Claims). This case presents the issue we've focused on for a while: whether the self-executing nature of the just compensation requirement is subject to the power of Congress, and needs a waiver of sovereign immunity in order to have a forum. Sixth Circuit held yes, we say no. Let's see what the Court says. Petition was just docketed, so your amicus clock is ticking.
Both Clint and Professor Brady will be speaking at our upcoming ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Charleston, SC, January 25-27, 2018. Clint is presenting "Building and Growing Your Eminent Domain Practice with Social Media," with lawblog pioneer Kevin O'Keefe, and Prof Brady will be joining John Groen and Jill Gelineau to talk "Overlap of Condemnation and Regulatory Takings: Murr and Other Blurred Lines."
Sign up now (space is filling quickly, so ALI just scored additional hotel rooms at very good conference rates).
