One last reminder: next Tuesday, July 25, 2017 at 2:00 pm Eastern, is “The U.S. Supreme Court and Property Rights: The ‘Larger Parcel” Issue and the Future of Regulatory Takings,” ALI-CLE’s first look at the U.S. Supreme Court’s recent decision on the “larger parcel” or denominator issue in regulatory takings cases where
Hawaii Supreme Court Allows A Practical Fix To A Technical Appeal Problem With Non-Final Judgment
Here’s one that every Hawaii civil practitioner, trial and appellate, should read. It’s only a few pages, but it’s very important.
It is a pillar of the appeals process that in the usual case, the lower court’s judgment must be final — resolving all claims by all parties against all other parties — before the
Federal Circuit: Property Owners, Continue To File Your CFC Takings Claims Before You File Your District Court Action
If you “get” this headline and the decision by the Federal Circuit, then congratulations, you are a super takings nerd. King of the Nerds. Off-the-charts nerd. Your takings law geek certificate is in the mail.
In Petro-Hunt, LLC v. United States, No. 16-1981 (July 13, 2017), the U.S. Court of Appeals for the Federal
More Gas From The Fourth Circuit: Federal Jury Can’t Determine Pipeline Company Actually Took More Property Than It Condemned
An unpublished opinion from the U.S. Court of Appeals for the Fourth Circuit in a pipeline case from Virginia. But even though it is not precedent, we’re covering it anyway because it raises important issues.
In Columbia Gas Transmission, LLC v. 76 Acres, No. 15-2547 (July 13, 2017), Columbia possessed the delegated power
Murr Podcast, Episode IV: A New Hope?
Check it out: Clint Schumacher’s latest Eminent Domain Podcast, with guest Professor Ilya Somin on Murr v. Wisconsin.
The Federal Courts Aren’t “Super Zoning Boards Of Appeal,” But They Have Time For Monkey Selfies
We’ll just leave this right here. Dr. Zaius could not be reached for comment.
Virginia: Right To Exclude Doesn’t Include Right To Exclude Potential Condemnors (For Now)
In Palmer v. Atlantic Coast Pipeline, LLC, No. 1160630 (July 13, 2017), the Virginia Supreme Court concluded that an out-of-state natural gas company has the power under Virginia’s “entry statute” to enter private property to conduct surveys to determine if the land is suitable for condemnation for a pipeline.
When a property
Condemnor Didn’t Have To Pay For Escaped Gas
Escaping gas isn’t enough, it has to be captured.
Yes, a clickbaity title, but this one is about just compensation, so please. You can create your own puns for this case, Northern Natural Gas Co. v. L.D. Drilling Defendants, No. 15-3272 (July 11, 2017), in which the U.S. Court of Appeals for the Tenth
Murr: The Law Review Editors’ Full Employment Act
Update 7/24/2017: Here is our contribution to the article scene.
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Someone (I think it was Professor Ilya Somin [update: confirmed – he noted it here]) recently noted that if nothing else, the U.S. Supreme Court’s decision in Murr v. Wisconsin will be a boon for law professors looking for something to fill
Conn App: Because Owner Can Easily Correct The Problem With Confiscatory Regulation, His Reasonable Expectations Have Not Been Thwarted
A very short one from the Connecticut Appellate Court, Santos v. Zoning Board of Appeals, No. AC37281 (July 11, 2017) in a Penn Central-style takings challenge to local land use regulations. We’re going to set out the facts, then let you guess who prevailed.
The plaintiff purchased an unimproved parcel of land in Stratford