It’s that time of the year again. Fall’s-a-coming, and that means that in a few days, we’re back at the William and Mary Law School in Williamsburg, Virginia to teach two courses: Eminent Domain and Property Rights (W&M is one of the few law schools in the country that offer a course in eminent domain, just compensation, and takings) -and Land Use Controls (an especially hot topic at the moment).
Continue Reading Back To School For Dirt Law @ William & Mary, Season 9
This just in: the U.S. Supreme Court has agreed to review a case from North Dakota (brought by our colleagues Derrick Braaten and the good folks at the Institute for Justice), asking whether attorneys fees are included in just compensation when a private pipeline takes property by eminent domain by using the federal power of eminent domain delegated in the Natural Gas Act.
Continue Reading We’re Going To Find Out Whether Attorneys Fees Are Part Of Just Compensation In Natural Gas Act Takings
Newly released: the Federalist Society’s “Courthouse Steps” series covers Pung v. Isabella County, where the U.S. Supreme Court held that “just compensation” for Tyler takings is usually measured by the surplus after a tax sale and not fair market value of the property, unless the tax sale process is unfair or skewed. Here’s
Here is what we’re reading today, comments and thoughts on yesterday’s U.S. Supreme Court decision in Pung v. Isabella County.
Continue Reading Pung Round-Up
Here’s the latest in a case we’ve been following for what seems like forever (and yes, it is one of ours, so we won’t be commenting). This morning the U.S. Supreme Court without comment denied the City of Marathon, Florida’s cert petition, which asked the Court to review an en banc opinion of the Florida District Court of Appeals which held that the City’s downzoning of Shands Key effected a Lucas taking as a deprivation of economically beneficial uses, notwithstanding that the property could be sold to a third party who could donate it to the city in return for some very watered-down transferable development rights (TDRs).
Continue Reading Good News: Lucas Cert Petition Denied – TDRs Go Only To Just Comp, Not Takings
Here’s the latest (a development we predicted) in a case we’ve been following. In this Order, the U.S. Court of Appeals for the Eleventh Circuit confirmed that it will be rehearing the Fulton case en banc. As you recall, last year a 2-1 panel of the court held that an owner whose property has been taken does not need Congress to have created a cause of action, and may directly sue for just compensation under the constitution. That’s right, the “self-executing just compensation” issue that the Supreme Court dodged in DeVillier.
Continue Reading En Banc CA11 To Consider Self-Executing Just Compensation
Skynet knows we’re in Milwaukee. So it flashes this story on our screen: remember that eminent domain case our of Milwaukee you participated in 16 years ago? (Skynet is scary and has a long memory.) Yes, we do. A just compensation issue. “Undivided fee” rule nonsense. Oh yes, we remember.
Continue Reading Eminent Domain: Owner “Lost its case and lost all of its money”
Happy Birthday to Hugo Grotius, author of the treatise “De Jure Belli et Pacis” (1625) — perhaps fittingly books about war and peace — which first used the phrase “eminent domain” to describe the sovereign power to forcibly acquire private property for public use and upon provision of compensation.
Continue Reading Happy 442d Birthday To Hugo Grotius, Who Coined The Term “Eminent Domain”
Here’s Pacific Legal Foundation’s motion asking the Virginia Supreme Court to allow us to file a brief amicus curiae which urges the court to grant a discretionary appeal and review this Petition for Appeal by a Norfolk, Virginia homeowner who, according to the trial court, suffered a taking but was prevented from presenting all evidence of just compensation, including the “residue damage” required in partial takings by the Virginia Constitution.
Continue Reading Virginia Supreme Court Amicus: There’s A Difference Between Constitutional “Damagings” And Severance (Residue) Damages In Takings Just Compensation
Check out this recently-published article by colleague Robert (Bob) Grace, MAI, “Assessing Change in Market Value of Rural Real Property Post-Wildfire in the Great Plains” in the latest issue of the Appraisal Journal.
Continue Reading New Article: Bob Grace, “Assessing Change in Market Value of Rural Real Property Post-Wildfire in the Great Plains” (Appraisal Journal)