Here’s an article by IJ’s Dana Berliner, a retrospective on public use in eminent domain and where the decade since Kelo has left us.  

It is a sign of the constitutional damage Kelo caused that these two related features of the opinion—blind deference and the refusal to engage with facts—have marked post-Kelo jurisprudence.

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ALI-CLE has posted the registration page for the 2016 ALI-CLE Eminent Domain and Land Valuation Conference, in Austin. Register now for a $200 discount off the tuition. Or you can sign up for notification when the full brochure is published. 

Save the spot on your calendar so you can join us in Austin. 

We’re still

Donald Trump is garnering a lot of press these days for things not related to eminent domain. And there’s a lot of awareness of the high-profile eminent domain battle in New Jersey, in which he was the “B” in an attempted “A to B” taking. But not everyone is as aware of a later, similar

Remember the Roca Solida case? That’s the follow up to the Supreme Court’s recent decision in United States v. Tohono O’odham Nation, 131 S. Ct. 1723 (2011), highlighting the jurisdictional problem in takings cases which that case left open. We labeled it a “jurisdictional ambush” that awaits any property owner who has a takings

The Solicitor General of South Carolina has issued this opinion letter, answering the following three questions about a state statute which “purports to confer all rights, powers, and privileges given to telegraph and telephone companies” to pipeline companies:

  • Since S.C. Code § 58-7-10 et seq. appears to mainly concern waterworks, sewage disposal, and natural

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The Land Use Institute, a program that for many years has been planned by co-chairs Frank Schnidman and Gideon Kanner, has found a new home with the American Bar Association’s Section of State and Local Government Law as the main sponsor. It also has a new Planning co-chair, Dean Patty Salkin of Touro Law

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Here’s a case in which the court ruled there wasn’t a taking, but it could be argued that the property owners won. How so? Because this case pitted the property rights of railroads against the property rights of the owners over whose land the rail lines run.

The U.S. Court of Appeals asked the Louisiana Supreme

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The hotel reservations link for the 2016 ALI-CLE Eminent Domain and Land Valuation and Condemnation 101 Conference is now live.

Reserve your hotel room now, via this link to ensure that you have a spot in the conference hotel. [note: link updated 7/8/2015]

We’re still working on the agenda and faculty, but here are the