Here are the links to the cases we discussed this morning at the "Eminent Domain Update" session:
- It isn't an abuse of discretion for a trial court to let the property owner testify about value (including severance damages) if she meets the standards in Federal Rule of Evidence 701 (she has experience with the property and sales), even if she had no experience with the particular use for which the property was taken (in this case, a natural gas pipeline) Sabal Trail Transmission, LLC v. 3.921 Acres of Land, No. 18-11836 (11th Cir. Jan. 22, 2020).
- Colorado Supreme Court: a lot of present private benefit is meaningless if the condemnor promises future public benefits. Carousel Farms Metro. Dist. v. Woodcrest Homes, 44 P.3d 802 (Colo. App. 2017). A cert petition has been filed. (Disclosure: we filed an amicus brief in support of the petition.)
- Kelo International: Supreme Court of the Republic of the Philippines goes beyond "aliens might have done it" judicial review in blight redevelopment takings. City of Manila v. Roces Prieto, No. 221366 (Phil. Aug. 29, 2019).
- What A Difference The Defendant Makes: The Federal Courts Finally Locate A Natural Gas Act Preliminary Injunction They Don't Like. In re PennEast Pipeline Co., LLC, No. 19-1191 (3d Cir. Sep. 10, 2019)
- Owner Objects To Being Offered *More* Compensation: DOT's Offer Invalid Because It Included Severance Damages The Appraisal Omitted. Christus Lutheran Church of Appleton v. Wisconsin DOT, No. 2018AP11124 (Wis. App. Nov. 26, 2019).
- Maryland On Relocation And Present Participles: Tenant's Departure After City Told It To Get Out Was "Voluntary." Wireless One, Inc. v. Mayor and City Council of Baltimore, No. 18-71 (Md. App. Aug. 23, 2019),
If you are here with us in Nashville, please stop by and say hi. If you aren't here, you can catch up with the video recordings once ALI-CLE makes them available, or you should plan on joining us in-person in [location] in 2021 (we shall announce the venue for the 2021 Conference tomorrow).
