A frequent vibe in cases where a member of the public asks a court to compel a local government to do something about an undesired land use (i.e., “the city should stop my neighbor from illegally renting their property,” or “the police should remove the pop-up unlicensed food stand on the sidewalk in
CA9: No Taking For Charging School Fees, Because Idaho’s “Free Common Schools” Clause Does Not Create Private Property Interest
We don’t see any free public education here.
Some old-school property “sticks” analysis from the U.S. Court of Appeals for the Ninth Circuit in Zeven v. Jones, No. 23-35438 (Aug. 23, 2024), worth checking out.
The Idaho Constitution has a “free common schools” clause:
The stability of a republican form of government depending mainly
Michigan, Over Dissent, Declines To Hear Co-19 Shutdown Takings Case
In this Order, the Michigan Supreme Court declined to consider a case which challenges the Michigan governor’s Co-19 shutdown executive orders, which, in the words of the dissenting Justices, reached “nearly every aspect of life in our state.”
There have been a lot of cases asserting that Co-19 shutdowns are takings, with most (
The Eminent Domain Podcast Is Back!
As we hinted at a couple of weeks ago, we have some good — nay, great — news: the Eminent Domain Podcast, retired earlier this year by its originator Clint Schumacher, is back with a new host and a slightly new title: “Come and Take It: The Eminent Domain Podcast.”
They Say It’s Your Birthday, Well It’s Our Birthday Too, Yeah! Entering Our Eighteenth Year
Every year at this time, it seems, we realize once again that as you get older, you overlook birthdays. Time speeds up, or maybe slows down. Very Proustian. Thus, it occurred to us only yesterday that that this blog’s “birthday” was looming and we almost let it slip by without notice.
It hardly seems like
S Dakota: Only Way To Read Precondemnation Entry Statute Constitutionally Is Allowing “minimally invasive superficial inspections” and “minor soil disturbances”
This would not be authorized.
Here’s the latest in an issue that found new vitality after the U.S. Supreme Court’s decision in Cedar Point affirming that government-authorized physical entry to private property is presumptively a taking.
This is the “precondemnation entry” issue in eminent domain which several courts have addressed:
New Cert Petition: When State Law Bars Owner From Challenging A Taking, Can Federal Court Abstain?
Here’s the latest takings cert petition. This one seeks review of the Seventh Circuit’s affirming the district court’s sua sponte abstaining from considering a property owner’s challenge to a Wisconsin municipality’s exercise of eminent domain.
The court concluded that federal courts could — but shouldn’t — consider the owner’s public use challenge
PA: No Funny Business – It Isn’t A Public Purpose For Railroad To Take Property To Benefit Single Customer
It is worth your time to check out the Pennsylvania Supreme Court (Middle District)’s decision in Wolfe v. Reading Blue Mountain & Northern RR Co. No. J-10A-2024 (Aug. 20, 2024).
The court invalidated an exercise of eminent domain by a railroad, concluding the taking was not for a public purpose because it was intended
Colorado App: Executory Contracts Admissible To Prove Value Of Condemned Property
We appreciate it when courts include photos and maps in opinions.
A quick one from the Colorado Court of Appeals on an issue of first impression in that state.
In City of Westminster v. R. Dean Hawn Interests, No. 23CA0315 (Aug. 1, 2024), the court concluded “for the first time, that an executory contract
Back To School For Dirt Law @ William & Mary, Season VII
Yes, the mysterious ducks remain — and seem to have multiplied.
It’s that time of the year again. Fall’s-a-coming, and that means that starting today, we’re back at the William and Mary Law School in Williamsburg, Virginia to lead two courses:
- Eminent Domain and Property Rights (W&M is one of the few law schools