If you are scheduled to be in or near New York City on Friday, August 11, 2017, please consider attending one or both of the following events:
Here’s one that is taking a slightly different approach to challenging the taking of private property for privately-owned pipelines. Definitely a hot-button topic these days.
In this federal court complaint, the plaintiff landowners challenge the approval by the Federal Energy Regulatory Commission of a private pipeline company’s exercise of eminent domain. The complaint seeks
Check this out, the latest cert petition from the Institute for Justice (Kelo), in a case we’ve been following.
This one asks a question that has been kicking around in the lower courts for a long time, and has long bothered we who represent property owners who have to eat the often-massive losses
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:
The Connecticut Appeals Court’s opinion in Stones Trail, LLC v. Town of Weston, No. AC 38078 (July 18, 2017), does not offer a lot in terms of substance — it holds that a property owner’s regulatory takings claim based on the Town’s approval of what the owner thought was a subdivision was not ripe
Load this one up for your morning drive, or workout: the Federalist Society’s podcast on “Lucas v. South Carolina Coastal Council at 25.” Featuring Professor Eric Claeys, Professor Michael Wolf, and Pacific Legal Foundation’s James Burling. Well worth your time.
Here’s the description:
This spring marks the 25th anniversary of the U.S. Supreme
In Brott v. United States, 959 F.3d 425 (6th Cir. May 31, 2017), a Sixth Circuit panel — after acknowledging the Fifth Amendment right to just compensation is “self-executing” — held that it really wasn’t: the federal government can take private property but the owner can only recover compensation if Congress agrees to allow them
Thank you if you were able to join us earlier today for ALI CLE’s webinar, “The U.S. Supreme Court and Property Rights – Murr v. Wisconsin: The ‘Larger Parcel” Issue and the Future of Regulatory Takings,” our first comprehensive look at the U.S. Supreme Court’s recent decision on the “larger parcel” or denominator
A couple of weeks ago, we noted that the Supreme Court’s recent decision in Murr v. Wisconsin would no doubt be a boon for law review editors. To avoid shirking our duty, we’ve spent the interim doing some writing, adding a drop to the flood. First draft done, posted on SSRN here.
Emphasis
Here’s a newly-filed cert petition which asks the Supreme Court to review a Sixth Circuit decision in which the county auctioned the Church’s property to satisfy a tax lien, then kept the difference between the owed taxes plus costs, and the proceeds from the sale. The court dismissed the claim under Williamson County because it
