Development agreements

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After a two-year absence in which we went remote, in the last week of last month (our usual spot on the calendar, between the playoffs and Super Bowl), we once again met in-person for the American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference.

Approximately 200 lawyers, judges, legal scholars, appraisers, law students, right-of-way agents, relocation experts, property owners, and other related professionals gathered in-person–yes, in-person–at the Scottsdale (Arizona) Resort at McCormick Ranch, to get reacquainted, learn stuff, and renew ties last made in-person in Nashville in 2020. In addition to the live attendance, we also welcomed about 50 remote colleagues, who joined the live webstream.

This was the 39th edition of the Conference, one of the most-established and successful conferences in the ALI-CLE stable of programs.

To those who joined us – thank you. This conference reminded us of why this program is so…

Continue Reading 2022 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Scottsdale: You Should Have Been There!

Check this out, the latest episode of Clint Schumacher’s Eminent Domain Podcast, where his guest is Judge Andrew Edison (who may be familiar to many of you for his ALI-CLE presentation a couple of years ago about the eminent domain angle in the JFK assassination film).

Today, the topic is Robert Moses, NYC taker and redeveloper extraordinaire. We’ve been waiting a long time for this episode, and you won’t be disappointed. 

Here are the liner notes:

U.S. Magistrate Judge Andrew Edison has devoted much time and research to the life and legacy of Robert Moses, a former Parks Commissioner who had a broad and deep impact on the development of New York City’s infrastructure over a period of 50 years. Moses’ career in many ways provides a study of the human cost of eminent domain for different socio-economic communities. Judge Edison’s insight into Moses’ legacy is relevant to…

Continue Reading Latest Ep, Eminent Domain Podcast: The Legacy Of Robert Moses (Judge Andrew Edison)

In City of Chicago v. Eychaner, No. 1-19-1053 (May 11, 2020), the Illinois court of appeals revisited a case that it ruled on once before. 

Five years ago, in City of Chicago v. Eychaner, 26 N.E.3d 501 (Ill. Ct. App. 2015), the same court held that a redevelopment taking of Eychaner’s property qualified as a public use. We won’t go into the details of facts or that opinion’s reasoning. Instead, we’ll refer you to our summary, analysis (and criticism) of the opinion here (“The Chicago Way: City Taking Non-Blighted Property For Economic Development Was Not Pretextual Because … Studies“). After approving the taking, the court remanded the case for a determination of the compensation owed.

Flash forward. On remand, the jury determined just compensation was $7.1 million. Also while the case was remanded, the City changed its redevelopment plans. You know, the basis for the court…

Continue Reading Illinois App: We Haven’t Changed Our Mind – Chicago’s Sketchy Redevelopment Taking Is Still For Public Use

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Picture 1: how normal people see pie.

Picture 2: how you see pie if you’re coming to the
ALI-CLE Eminent Domain Conference. 

If you get the above, you probably are already set to join us next week for the 37th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Nashville. (If not, shame on you!).

And having just reviewed the latest registration list, I can report that we have an all-time record attendance.  But there’s still room for those of you still not committed. Register here. Don’t miss out. There will be pie. Continue Reading Record Attendance (But There’s Still Time For You Last-Minute Filers) At Nashville ALI-CLE Eminent Domain Conference

One does not simply walk to nashville

You can also fly, drive, or bike to the upcoming 37th Annual ALI-CLE Eminent Domain & Land Valuation Litigation Conference. in Nashville. Limited space still available, so don’t delay further and register now. We’re on track to record attendance, so you don’t want to miss the best nationally-focused three-day program on our area of law.

Takings, Knick, compensation, appraisals … and a bit of fun thrown in. We have many new attendees, and many new speakers, too.  Continue Reading (Nearly) Last Chance To Join Us In Nashville For ALI-CLE’s Eminent Domain Conference

Here’s the amicus brief we filed yesterday in a public use case we’ve been following that asks whether pretext and private benefit are irrelevant as long as the condemnor invokes a “classic” public use. In this case, the Colorado Supreme Court overturned the court of appeals’ conclusion that even though the purported purpose of the taking was to provide future possible public infrastructure, the overwhelming private benefit today meant the taking was not for public use. 

Here’s the cert petition. 

Southeastern Legal Foundation, Cato Institute, Owners’ Counsel, and NFIB Small Business Legal Center joined in the brief, which argues that the unusual circumstances (an obviously self-interested condemnor) lead to a reasonable suspicion that “a private purpose is afoot” (as Kelo put it), and thus the usual presumption of conceivable basis review is not warranted, and indeed, the courts should look at these type of takings with a particularly skeptical …

Continue Reading New SCOTUS Amici Brief: Invoking A “Classic” Public Use Isn’t Enough When The Circumstances Reveal “A Private Purpose May Be Afoot”

We were not as creative as our colleague Paul Henry (see below), but our Planning Co-Chair Joe Waldo and I wanted to personally invite you to join the “big guns” in our area of law at the 37th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, January 23-25, 2020, in Nashville, Tennessee.

We’ve assembled an excellent faculty, and an agenda that covers the hot topics of the day. Go here to view the complete faculty list and agenda. Water rights, Knick, appraisal, ethics, civil rights, and a whole lot more in three days of the longest (and we think best) conference in our area of law. Also, for those new to the field, Andy Brigham and Jack Sperber are again leading their “Eminent Domain 101” program. A great way to learn the topic, or for experienced lawyers to get a quick refresher on the basics. Your registration…

Continue Reading Don’t Miss Out: Join The “Big Guns” And Secure Your Space At ALI-CLE’s Upcoming Eminent Domain & Land Valuation Litigation Conference (Jan 23-25, 2020, Nashville)

Here’s the cert petition in a case we’ve been following since it was decided in the property owner’s favor by the Colorado Court of Appeals.

In Carousel Farms Metro. Dist. v. Woodcrest Homes, Inc., 444 P.3d 802 (Colo. App. 2017), the court invalidated an attempt to exercise eminent domain to take property which the owner had refused to sell to developer Carousel Farms. Carousel Farms needed the parcel because without it, Carousel Farms’ agreement with the local municipality to allow the development (known as — you guessed it — Carousel Farms), could not go forward. In response to the owners’ refusal to sell, Carousel Farms formed an entity which under Colorado law has the power of eminent domain, named — get this — the Carousel Farms Metropolitan District. (Protip: if you are forming an entity with the power of eminent domain in order to take property for private…

Continue Reading Hawaii Pretext Case At Center In New IJ Cert Petition: Actual Reason For Taking Trumps Stated Reason

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Reading through the opinion of the Supreme Court of the Philippines in City of Manila v. Roces Prieto, No. 221366 (Aug. 29, 2019), there is a lot there that will look familiar to U.S. lawyers, specifically U.S. eminent domain lawyers.

Viz.: It is up before the Court on a petition for certiorari, there was an effort to voluntarily acquire the properties, an “expropriation” lawsuit gets filed when that didn’t work, and the City deposited estimated compensation and sought a writ of immediate possession from the trial court. That court balked because the deposit amount didn’t comply with the requirements of the statute, but once the City fixed that problem, the court allowed immediate possession. Sounds very familiar. 

The takings were in furtherance of something called the Land-for-the-Landless program, which this article describes as a process by which “[t]hrough expropriation, the city government buys private properties that are then…

Continue Reading Berman International – Philippines Supreme Court: Takings Must Undergo “Painstaking” Judicial Scrutiny