Today’s a busy day, so we can’t lay out the details of the Texas Court of Appeals’ opinion in City of Dallas v. Trinity East Energy, LLC, No. 05-20-00550-DV (Aug. 1, 2022). But we want to post up the decision and urge you to read it because it is a rare bird: not only
Oklahoma: The “Taking” Occurs When Govt Changes Its Use Of A Previously-Granted Easement
Even though the Oklahoma Supreme Court’s decision in Snow v. Town of Calumet, No. 119,758 (June 21, 2022) is short, we think it is worth reading because is clarifies who can bring an inverse claim, and what exactly do these claims allege.
In 1978, the Snows’ predecessor-in-title granted the Town an easement to maintain
Ye Olde Law 608: Eminent Domain & Property Rights, S5E1 @ William & Mary Law
Is there a more appropriate place at which to study property rights and dirt law than William and Mary Law School? After all, it is a stone’s throw from Jamestown, the place where there’s a good argument the concept of property law and property rights first took hold in the New World. As
IRWA’s Summary Of Major Eminent Domain Cases & Legislation (Jan-May 2022)
The International Right of Way Association‘s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.”
And what is really nice is that they make the report available.
We’re posting it here because we’re one of the co-authors. Hat tip to our co-authors
New Cert Petition (Ours): Can Condemnor Delay Actually Paying Compensation Indefinitely?
Last week, along with my colleagues Deborah La Fetra and Kady Valois, we filed this cert petition in a case we’ve been following (even before we joined as counsel).
The petition seeks review of the Fifth Circuit’s opinion holding that there’s nothing a federal court can do if a local government does not pay
More Than Just A Property Lawyer: A Salute To Three Decades Of Service
An officer and a gentleman.
Before I go on, a note: we’re posting this with a slight bit of reluctance, because we know that friend and colleague Mark M. Murakami does not crave the spotlight, but is the type to downplay this sort of thing. But I think it is important to acknowledge milestones —
John Quincy Adams Loses A Takings Case
No, not that JQA. (Sorry for the clickbaitey headline.) But who could resist the Fifth Circuit’s per curiam opinion in John Quincy Adams v. Pearl River Valley Water Supply District, No. 21-60749 (July 20, 2022) which held that Mr. Adams, who owned property near a reservoir, could not sue state officials in federal court
CA6: State Officials Enjoy 11th Amendment Immunity From Just Compensation Claims In Federal Court
In Skatemore, Inc. v. Whitmer, No. 21-2985 (July 19, 2022), the U.S. Court of Appeals for the Sixth Circuit held that neither the Just Compensation Clause, nor the Fourteenth Amendment abrogated the states’ immunity from being sued in federal court for compensation for takings.
This is another one of those cases where — due
CA1 Splits With CA9: “[T]he Fifth Amendment precludes the impairment or discharge of prepetition claims for just compensation in Title III bankruptcy.”
Here’s the latest in an issue we’ve been following for a while. You recall that several years ago, a divided panel of the Ninth Circuit held there’s nothing particularly special about an unresolved takings claim for just compensation that sets it apart from other creditor claims in a government bankruptcy.
The Ninth Circuit majority held
Iowa Rejoins The Fold: Right-To-Farm Statute Does Not Violate State Constitution
We were all set to detail the Iowa Supreme Court’s recent opinion in Garrison v. New Fashion Pork LLP, No. 21-0652 (June 20, 2022), when we discovered that Iowa State University’s Center for Agricultural Law and Taxation beat us to it with “Iowa Supreme Court Overrules Key Ag Nuisance Case.”
On June