Following up on yesterday’s post, here’s another one about precondemnation offers.
In City of Rosenberg v. State of Texas, No. 14-15-00745-CV (Tex. App. Oct. 13, 2015),
Fla App: Offer Early, Offer Often – Early Precondemnation Offer Does Not Trigger Attorneys’ Fee Statute
In General Commercial Properties, Inc. v. Florida Dep’t of Transportation, No. 4D14-0699 (Fla. Dist. App. Oct. 14, 2015), the court held that a statute which requires the trial court to use the “first written offer” by the condemnor made prior to the initiation of the eminent domain case as the benchmark when it is
Amici Brief In SCOTUS Affordable Housing Case: Prohibiting Homebuilders From Selling At Fair Market Value For 55 Years Is A Taking
Here’s the amici brief we filed today in California Building Industry Ass’n v. City of San Jose, No. 15-330 (Oct. 16, 2015).
That’s the case in which the California Supreme Court upheld the city’s “affordable housing” requirement against a challenge which asserted that it was an exaction and thus should have been subject to
The Grateful Court: Making A Criminal Defendant Pay Court Costs Is A Tax, Not A Taking
If you are an appellant, you know it isn’t going to be a good day when the opinion in your case starts out like this:
“What a long, strange trip it’s been.”1 And, it doesn’t seem to be over due to the continued meanderings of the cause before us and the arguments posed by
Upcoming Events And CLE’s – Appellate, RLUIPA, Sharing Economy, And More
Here are some upcoming events in which you may be interested, in chronological order:
- Sharing Economy: this Friday, October 16, 2015, from 1:00 pm – 2:30 pm ET: “Is Sharing Really Caring? Part I: The Law of Transportation Sharing: Uber, Lyft, and the Sharing Economy.” This is a webinar-format program, a follow up
It’s Here – 2016 ALI-CLE Eminent Domain Conference: Complete Agenda, Faculty, Registration Information
Here’s the full agenda for the 2016 Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, January 28-30, 2016, in Austin, Texas.
Together with our friend and colleague Joe Waldo, we think we’re put together a pretty good program that covers a lot of ground. This is the first time the conference has been
BIO In Tucker Act Jurisdictional Ambush Case: Takings Claims Subject To § 1500’s Rules
Here’s the Brief in Opposition in the case which asks whether takings claims against the federal government — which we described as subject to a “jurisdictional ambush” due to the old Tucker Act Shuffle — are subject to the rule of 28 U.S.C. § 1500 set out in the Tohono O’odham case.
If that’s a lot
Federal Court: Virginia’s Entry Statute Not Facially Unconstitutional
Our friend and colleague Alan Ackerman posted a note on his blog about a recent District Court ruling from the Western District of Virginia which upheld the power of a potential condemnor to enter property for the purposes of survey, without formally taking the property. See “Virginia Federal Judge Follows What May Be the
Brigham-Kanner Property Rights Conference Wrap-Up
text above photo*
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*photo courtesy of Joe Sherman (thanks, Joe).
Federal Circuit: “Before” Condition Must Account For Railroad Junk That Would Have Been Left Behind
A short one from the Federal Circuit, Rasmuson v. United States, No. 14-5089 (Oct. 5, 2015), that comes out of a rails-to-trails case, but has wider applicability.
The case involved the usual: plaintiffs owned lands over which the railroad had rights of way, and when the railroad ceased operating and the Surface Transportation Board