Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
Real Estate Developer Rights When Cities Demand Too Much
Newsflash: Rockweed Not a Fish
Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes -
On September 12, the Washington Supreme Court affirmed a Court of Appeals decision that declared the City of Sammamish––and all other municipalities enumerated under Revised Code of Washington 8.12.030––does not lose its...more
On August 20, 2024, the Supreme Court of Pennsylvania issued a ruling in Wolfe v. Reading Blue Mountain & Northern RR Co. The Court overturned the Commonwealth Court’s determination that a condemnation of private land by a...more
In the latest episode of Digging Into Land Use Law, Karla MacCary and Elinor Eizdi explore the law of implied easements, which is a murky area of the law that was made more clear by a recent California Supreme Court case that...more
When we take on an eminent domain case, our primary goal is to put our client in the best position possible. In some cases, that means fighting the taking itself, as my dad (and boss) did in the well-known Wayne County v....more
Let’s assume you own a 93-acre farm in Tioga County. In 1986 your grandfather sold the oil and gas rights to his neighbor, John Mize. In the early 1990’s, Mr. Mize signed an oil and gas lease with XYZ Drilling. Several years...more
There has been a major development in the ongoing legal fight over the ability of the Mill Creek Metropolitan Park District in Mahoning County to condemn private property for its bikeway project. ...more
The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the Board of Trustees) is vested with title to all land lying under navigable waters within the State of Florida, which land is known as...more
In a case that exists only because of the choices a city made in both application decision-making and litigation, the Second District Court of Appeal held, in Felkay v. City of Santa Barbara, __ Cal.App.5th __ (2021), that...more
Over the past month, our vocabularies have expanded to include new terms like: "COVID-19," "coronavirus," "epidemiologist," "stay at home," and "shelter in place." Now, private landowners are reintroducing governments to...more
Eminent domain is typically used for roads, utilities, schools, and even airports, but in California, it is quite unusual (perhaps even unheard of) to use eminent domain for space travel. ...more
The Advisory Committee on Rules of Court for the Supreme Court of Virginia is seeking public comment on a proposal to amend the Alternative Pretrial Order for Eminent Domain Cases (Form 3-A) to conform with an amendment to...more
Compulsory Purchase Orders might not seem the most glamorous of topics, but with the urgent need for more homes, and a new Prime Minister showing great enthusiasm for big infrastructure projects, now’s the time to get to...more
In an eminent domain proceeding, the property owner and the condemning agency each typically introduce evidence of just compensation through valuation experts. The jury is then required to render a verdict in between the...more
In this episode of Verrill Voices, environmental attorneys Gordon Smith and Scott Anderson discuss how private property rights could save the world, or at least the coast of Maine, when the fate of ecologically vital rockweed...more
For landowners, learning that the government intends to take their property is always a rude awakening. After receiving notice that the government seeks to acquire a piece of land, the landowner sets off on a difficult...more
After deliberating for a year and a half in Ross v. Acadian Seaplants, the Maine Supreme Judicial Court has unanimously held that rockweed, a type of seaweed that grows on rocks in the intertidal area all over the North...more
Eminent domain cases in Virginia involve, often, a two-stage process by which to finally resolve the acquisition of private property for public use. At the end of trial, a condemnation jury (or commission) issues a report...more
When a government condemns (takes) private property for a public use, the property owner is entitled to receive “just compensation” equal to the property’s market value. Value is typically determined by appraisals, but if the...more
On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...more
At its February 9, 2018 meeting, the Oregon Fish and Wildlife Commission (the “Commission”) voted to “uplist” the marbled murrelet’s status from a threatened to an endangered species by a 4-2 margin. The marbled murrelet is a...more
Government projects to build or expand roadways, erect public buildings, and install infrastructure, such as sewer, water and electrical lines, all require land. So long as building projects meet certain requirements,...more