We’ve been meaning to post People ex rel. Dept’ of Transportation v. Presidio Performing Arts Foundation, No. A145278 (Nov. 3, 2016) for a while (as you might be able to tell by the date of the opinion), thinking that one of our left coast colleagues more familiar with the workings of California’s goodwill-in-eminent-domain rules would analyze it and tell us what to think. But so far, we haven’t seen anything from them, so we’ll take a short stab at it.

Caltrans has been fixing up the southern approaches to the Golden Gate Bridge, and anyone who has ever driven that stretch of road knows two things: (1) Doyle Drive was hairy — nicknamed “blood alley” because it required Steve McQueen-level driving skills just to make your way to the Bridge, and (2) it runs through the Presidio of San Francisco, the former Army post, now converted to public

Continue Reading Cal App: Increasing A Nonprofit’s Losses May Result In A Business Goodwill Claim

Here’s an article, recently published by the Urban Lawyer (the law review produced by our ABA section, the Section of State and Local Government Law), with our take on the most interesting and important eminent domain and takings rulings from the past year. 

Many of the cases discussed will be familiar to regular readers, but here it is in one place, and in print. 

Recent Developments in Eminent Domain, 48 Urb. Lawyer 939 (2016)

Continue Reading New Article: Recent Developments In Eminent Domain

When we previewed the 2017 ALI-CLE Eminent Domain & Land Valuation Litigation Conference while we were getting buried in the snow a couple of weeks ago, we promised there would be better weather in San Diego than much of the country was then experiencing. As you can see, we delivered.

We — and by “we” I mean the faculty, the ALI-CLE staff, and the record number of attendees who came to San Diego — also delivered on a really great conference. See our posts on several of the presentations here, here, here, and here for a flavor.

We also announced that the date and location for the 2018 Conference has been set, and the hotel and site have been booked:

2018 ALI-CLE
Eminent Domain & Land Valuation Litigation Conference

Francis Marion Hotel
Charleston, South Carolina
January 25-27, 2018

Stay tuned for details. Send your ideas for

Continue Reading 2017 ALI-CLE Eminent Domain Conference Wrap, 2018 Venue Announcement

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Our final day was anchored, as usual, by Pacific Legal Foundation’s Jim Burling, and property rights guru and advocate Michael Berger. Jim was his usual riveting self, and Michael supplied the insight to cases which only he can.

In case you are wondering, the above is the view from the dais, and no, I didn’t bring a Spam calendar with me, it was a gift from a thoughtful New Jersey colleague who knows that Hawaii people love Spam. I will reserve comment on whether I love Spam, and simply say thank you for the calendar. 

We finished the day strong with the National Forum, where audience members took the mic and shared their cases, issues, and results with the rest of us. 


Continue Reading Links & Materials From Day 3 Of ALI-CLE Eminent Domain And Land Valuation Litigation Conference, San Diego

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Yeah, at the ALI-CLE Eminent Domain and Land Valuation Litigation Conference now ongoing in San Diego, we talk severance damages, relocation benefits, highest and best use, pipelines, energy corridors, temporary construction easements, and blah, blah, blah.

But what really matters is when our St. Louis colleague Paul Henry (the bravest man we know) presents “Everything About Eminent Domain I Need To Know I Learned From Star Trek.” 

In a Starfleet uniform.

To a room full of the nation’s best eminent domain lawyers.

As one of the Planning Chairs, we told Paul that he could present this topic, but only if he did it in uniform. Well played, Captain!Continue Reading Star Trek: 2017 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, San Diego

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Here are the links and references to the cases we spoke about today at our opening session on the national trends in eminent domain law at the 2017 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in San Diego. 

We again have a record attendance, and a good number of new attendees. If you aren’t here now, we’re sorry you didn’t make it. But fear not: ALI-CLE has already set the date and location for the 2018 Conference: save the date on your calendars now — January 25-27, 2018, Charleston, South Carolina, at the Francis Marion Hotel. 


Continue Reading Day 1, 2017 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, San Diego

HSBA 2017 Land Use Conference

To supplement your written materials for the 2017 Hawaii Land Use Conference, here are the decisions and other materials which we spoke about this morning at the 2017 Hawaii Land Use Conference:  


Continue Reading Notes And Links From Today’s Hawaii Land Use Conference Session On Reg Takings

A question for those of you who do a lot of straight condemnation work: do you drive roads and highways with a slightly different outlook than the rest of the motoring public, especially on those roads where you represented a property owner defending against eminent domain? While others see signs and intersections and the like, is your focus instead on your owners’ (former) property, the construction easements, the appraisals, and the issues you argued in the taking case?

Call us weird, but that’s how we drive “our” roads.

Recently, we had that old deja vu because we were in the neighborhood of a road in which we represented two of the condemned. The courthouse in Kona on the Big Island is a stone’s throw from a County of Hawaii road project, only recently completed, that was one of our mostly hotly contested eminent domain cases, one that resulted in three

Continue Reading Ode To A Road

We love Leo Rosten’s classic definition of chutzpah: “that quality enshrined in a man who, having killed his mother and father, throws himself on the mercy of the court because he is an orphan.” Mr. Rosten’s dictum stretches around the world — apparently even into its remote corners such as the Northern Marianas Islands.

Check out CNMI v. Lot No 281-5 R/W, No. 2013-SCC-0006 (Dec. 28, 2016), for the exemplar. In that case, the CNMI government took private property belonging to Ms. Quitugua. Not by regulating it (a favorite topic of this blog), but by “straight condemnation.” That is, the CNMI exercised the power of eminent domain to build a road. Not great for the owner, but she apparently didn’t object and indeed stipulated to a final judgment which granted the CNMI fee simple title, and gave her a judgment of $77,137 plus interest for just compensation. So far, so

Continue Reading What If The Government Gives A Takings Party, But Doesn’t Show Up?