Eminent Domain | Condemnation

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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 — especially the accomplishments of friends in public service — so please read on.

You may already know of many of his professional legal accolades: Owners’ Counsel member, SCOTUS amicus brief author, Best Lawyer in a slew of categories, regular CLE faculty member and presenter, and land use, eminent domain, and property law legal scholar (he will be returning this fall to the U. Hawaii Law School on the adjunct faculty) to name a few. But he isn’t just an accomplished lawyer, and you may not have known of his military…

Continue Reading More Than Just A Property Lawyer: A Salute To Three Decades Of Service

JQA

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 for injunctive relief for due process violations and takings.

Adams alleged that Mississippi water district officials were violating a state statute by not allowing him to exercise the option to re-acquire property that the water district had condemned decades earlier. His federal court complaint avoided directly asking for money damages because those claims would mean the state officials would have Eleventh Amendment immunity. Instead, “[t]he Adamses requested a declaratory judgment that the District’s sales and leases of property without notice were ongoing constitutional violations and asked the court to fashion whatever injunctive relief it deemed…

Continue Reading John Quincy Adams Loses A Takings Case

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 that owners who assert their property was taken by the debtor-government before the bankruptcy — but who have not been compensated — are just unsecured creditors who must “share[] the pain” of the government going broke and sloughing off debt, even if it means that as a result the owner has had its property taken without just compensation. See “Ninth Circuit: Inverse Condemnation Plaintiff Must “Share The Pain” – City Can Shed Obligation To Pay Just Compensation In Bankruptcy, Which Is ‘Purely A Monetary Claim’.”

Next up, Round 2: In In re Financial …

Continue Reading CA1 Splits With CA9: “[T]he Fifth Amendment precludes the impairment or discharge of prepetition claims for just compensation in Title III bankruptcy.”

Screenshot 2022-07-10 at 10-35-34 Amazon.com Eminent Domain (Brett Simmons) 9781954676220 Demmans Ronald D. Books

A “brash, wise-cracking unapologetic lawyer” gets caught up in “two innocuous words of legalese” and next thing you know, he’s embroiled in “lies, deceit, and ultimately murder.” Sound like your practice? (ha!) If so, then have we got a novel for you: “Eminent Domain” by Ronald D Demmans.

Yes, a novel where condemnation is a central plot point:

Brett Simmons and the town of Lenore are inextricably linked. Brett Simmons, the brash, wise-cracking, unapologetic lawyer and Lenore, the hometown he loves. Two innocuous words of legalese will lead Brett down a dangerous path of lies, deceit and ultimately murder. He has taken a look behind the curtain…the wrong curtain. He has seen too much and what he has uncovered could cost him everything: his career, his freedom, even his life. With the odds clearly stacked against him and the future of Lenore at stake, Brett engages in a…

Continue Reading New Novel: “Wise-Cracking Lawyer” Gets Caught Up in Eminent Domain … And Murder!

Here’s the latest in a case we’ve been following.

In City of Oberlin v. FERC, No. 20-1492 (July 8, 2022), the U.S. Court of Appeals for the D.C. Circuit held FERC adequately explained why, in granting a certificate of public convenience, it relied in part on evidence that some of the natural gas in the pipeline was slated to go to Canada. 

Earlier, the court held FERC had not explained why well enough (or at all), and sent the case back down to give FERC the chance to do so. The handwriting was on the wall in the remand order because the court pointedly did not vacate FERC’s order granting the certificate: “we remand without vacatur, because we find it plausible that the Commission will be able to supply the explanations required, and vacatur of the Commission’s orders would be quite disruptive, as the Nexus pipeline is…

Continue Reading DC Circuit OK’s Pipeline That’s Already Built

Check this out: our friend and colleague, eminent domain lawyer Stephen J. Clarke is the new Jeopardy! champion.

And it wasn’t just a plain-old win for Steve. It was an exciting, come-from-behind triumph, based (no doubt) on his careful, strategic thinking and thoughtful play (this is chess, not checkers!). Just like his eminent domain cases!

Watch the above, or see “BUZZER BEATER Jeopardy! fans stunned by WILD upset in final round after champ lost by shocking dollar amount in game with Mayim Bialik.”

The big moment:

Screenshot 2022-07-11 at 20-30-18 Jeopardy! fans stunned by WILD upset as champ loses by shocking dollar amount

But as many of you know, this wasn’t Mr. Clarke’s first rodeo. Recall that he served as a contestant at our Ethics Jeopardy! at the 2021 ALI-CLE Eminent Domain and Land Valuation Litigation Conference. So yes, in addition to valuable CLE credits, the Conference is great training for your game show appearances!

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Well done, and congratulations Steve.Continue Reading Eminently Outplayed: Condemnation Lawyer Is The New Jeopardy! Champion – Well Done, Steve Clarke!

Screenshot 2022-07-07 at 13-44-38 The Brigham-Kanner Property Rights Conference

By now, you know that the 19th Brigham-Kanner Property Rights Conference is set for September 29-30, 2022, at the William and Mary Law School in Williamsburg, Virginia (register here – space is limited – fee ranges from free to $195 – a bargain!). And you know that our colleague Jim Burling is this year’s B-K Prize winner.

But now you know who is speaking at the Conference, and the topics: here’s the full agenda. The list of speakers is too long to list here but check out these topics:

  • Panel 1: The Importance of Property Rights: A Tribute to James S. Burling
  • Panel 2: Reshaping the Framework Protecting Property Under the Roberts Court (that’s the panel we’re speaking on)
  • Roundtable: Emerging Issues in Takings and Property Rights Litigation
  • Panel 3: Choosing A Property Regime
  • Panel 4: Property Rights in Times of Scarcity and Crisis

Who can …

Continue Reading Here’s The Full Speaker And Topic List For The Brigham-Kanner Property Rights Conference (Sep 29-30, 2022)

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Here’s the latest in a case we’ve been following.

Now before you get all worked up about the Texas Supreme Court agreeing that the private company proposing to build a bullet train between Dallas and Houston may exercise the sovereign power of eminent domain (see Miles v. Texas Central RR & Infrastructure, Inc., No. 20-0393 (June 24, 2022), remember that this is a case involving only the construction of Texas statutes. Not the court deciding whether the state’s delegation of eminent domain power conforms to some constitutional public use standard. 

That being said, the opinion may have limited reach (thank goodness) but is still worth reviewing for those of you not in Texas.

Property owners objected to the company taking their property, arguing that it did not qualify under Texas statutes delegating the state’s eminent domain power to a “railroad” and to “interurban electric railways.” This thing may…

Continue Reading Texas: Proposed Bullet Train Is An “Interurban Electric Railway” And May Exercise Eminent Domain (At Least It Isn’t A Fish)

Untitled Extract Pages

In honor of property rights advocate and trial lawyer Toby Prince Brigham (1934-2021), Owners’ Counsel of America has endowed a scholarship for a second- or third- year law student to attend the annual three-day ALI-CLE Eminent Domain and Land Valuation Litigation Conference (the upcoming Conference will be in Austin, Texas, February 2-4, 2023.

In honor of Toby’s legacy of professionalism and achievement, in 2021 OCA established the Toby Prince Brigham OCA Scholarship to pay for all expenses of a second or third year law student to attend the ALI-CLE Eminent Domain conference and associated OCA events held annually in January. This unique scholarship affords the student the opportunity to learn about the substantive law of eminent domain and property rights, while also meeting and networking with the leading lawyers in these practice areas from across the country. This is what the very first Toby Prince Brigham OCA scholar, Nina Sawaya…

Continue Reading Owners’ Counsel Toby Prince Brigham Scholarship – Applications Being Accepted!

Here’s what we’re reading today:

Continue Reading Monday Round Up: Aina Lea Out With A Whimper, 30 Years Of Mabo, Seneca Village