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Here’s the latest in a case we’ve been following, and which earlier resulted in a very good decision from the North Carolina Supreme Court. 

In Kirby v. North Carolina Dep’t of Transportation, No 56PA14-2 (June 10, 2016), the N.C. Supreme Court held that the “Map Act,” a statute by which the DOT designated vast swaths of property for future highway acquisition, was a taking because the act prohibited development of designated properties in the interim. The court concluded that “[t]hese restraints, coupled with their indefinite nature, constitute a taking of plaintiffs’ elemental property rights by eminent domain.” The court remanded the case for a parcel-by-parcel determination of just compensation.

Here’s the trial court’s Order on remand, granting in part the plaintiffs’ motion for partial judgment on the pleadings on inverse condemnation liability, and ordering the NCDOT to “file plats, make deposits with the required statutory interest, and, if any plaintiff…

Continue Reading NC Map Act: DOT Ordered To Pay For Designating Property For Future Highway Use (But Then Not Taking It)

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 ALI2017

We’ve teased some of the details on the 2017 ALI-CLE Eminent Domain and Land Valuation Litigation and Condemnation 101 Conference, to be held at the Westin San Diego, January 26-28, 2017, but here are the details you’ve been waiting for.

This is the “big one,” our annual 3-day festival of all things eminent domain, property, takings, inverse condemnation, and just compensation. Truly national in scope, this is the 34th annual edition, and the one conference you must attend. Our 2016 conference in Austin was one of the best in years, and we’re on the way to replicating it in 2017, with a great venue in an exciting city. 

Look for the web and printed brochures to show up in your mailboxes, but in the meantime, here are some of the highlights (we’ll post more in the next few days):

  • Relocation, relocation, relocation: we are featuring two sessions on this

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Continue Reading Details: ALI-CLE Eminent Domain And Land Valuation Conference – San Diego, January 26-28, 2017

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During. Good crowd.

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Before. Note the power strips on the tables.
Well played, Caesar’s, well played.

To supplement your written materials, here are the decisions and other materials which we spoke about this morning at the CLE International Eminent Domain seminar:

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Continue Reading Links And Notes From Today’s Las Vegas Eminent Domain Seminar

2016 BrighamKanner Property Rights Conference Program_Page_01

As we noted here, this year’s Brigham-Kanner Property Rights Conference honoring Hernando de Soto will to be held in The Hague, Netherlands, at the International Court of Justice on October 19-21, 2016.

To push out word, the Owners’ Counsel of America kindly produced a press release announcing our participation in two of the panel discussions, “Property’s Role in the Fundamental Political Structure of Nations,” and “Defining and Protecting Property Rights in Intangible Assets.” 

We mention it here only to note, as this post’s headline states, this may be the only press release (ever?) to mention Hugo Grotius. Left unanswered: how to pronounce “Grotius.”

“I am honored to have been invited to speak at the Brigham-Kanner Conference, especially when the Conference is honoring Hernando de Soto, whose work on property rights has had such international influence,” said Thomas. “I’m also glad the Conference will be held at…

Continue Reading Maybe The Only Press Release Ever To Cite Hugo Grotius

Eminent Domain Las Vegas print brochure--final - Copy

Do you really need an excuse to visit Las Vegas in the interregnum between its brutally hot summers and the winter high season? Probably not.

But if so, here’s your opportunity. Plus, you can earn CLE credit.

CLE International is putting on “Eminent Domain 2016: Current and Emerging Issues for Litigators” at Caesar’s Palace, September 29-30, 2016.

The Planning Chairs for the program, our colleagues Darius Dynkowski, Autumn Waters, and Kermitt Waters, have assembled a great lineup of topics and speakers, including panels on highway projects, power lines, pipeline takings, and municipal takeovers of local utilities. As if to prove the “international” part of its name, the program will also include a session on “Injurious Affection and the Canadian Approach to Damages for Partial Takings” presented by our Toronto colleague Shane Rayman. We’ll kick off the conference, speaking about “Eminent Domain …

Continue Reading Eminent Domain Conference, Las Vegas (September 29-30, 2016)

We’re in the final stages of getting the agenda ready for the 2017 ALI-CLE Eminent Domain and Land Valuation Litigation Conference, to be held in San Diego, California, on January 26-28, 2017. Look for the official announcement of the program soon.

In the meantime, we thought this preview of one of the topics was particularly appropriate to be noted today, the 50th anniversary of the broadcast of the first episode of the TV show Star Trek.

“Everything About Eminent Domain I Need To Know I Learned From Star Trek: Do the Needs of the Many Outweigh the Needs of the Few?“

Yes, we’re going there. Maybe not “where no man has gone before,” and we can’t promise that the remaining members of the Starship Enterprise crew will be speaking at our Conference, but we do promise that this presentation will translate the pop culture phenomenon that…

Continue Reading 2017 ALI-CLE Eminent Domain Conference Preview: “Everything About Eminent Domain I Need To Know, I Learned From Star Trek”

2016 BrighamKanner Property Rights Conference Program_Page_01

As we mentioned a few weeks ago, the final agenda for the 2016 Brigham-Kanner Property Rights Conference has been released. Here’s the complete conference brochure, which has all the details, including registration information. 

This is the annual program, sponsored by the William and Mary Law School, in which there’s a day-long discussion of all things property rights among members of the academy, the bench, and the practicing bar. The Brigham-Kanner Prize is also presented “to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.” The pantheon of prizewinners is a who’s-who in our area of law: Richard Epstein, James Ely, Michael Berger, Frank Michelman, Carol Rose, and Thomas Merrill, to name a few. Here’s the complete list of prizewinners. 

This year, the prize is being…

Continue Reading Property Rights Take Center Stage At The World Court: 2016 Brigham-Kanner Conference, October 19-21, 2016, The Hague

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We’re experiencing the madness that is the ABA Annual Meeting — this time in San Francisco — hanging with colleagues from the State and Local Government Law Section (where we’re slated to be the Chair-Elect this year), and at the Council of Appellate Lawyers. These meetings are a lot of … meetings .. but there’s also a healthy dose of CLE programming, some of it focused on things like eminent domain and land use, and other topics near and dear. 

Pictured above is our friend and colleague from the Northwest, Jamila Johnson, who gave a spirited defense of the Fifth Amendment and property rights in her session on energy corridors. We were discussing the pros and cons of “quick take” statutes, and to counter the assertion that these things allow for efficient, convenient, and cost-effective government projects, Jamila responded (and we’re recalling this from memory here), “the government has…

Continue Reading Eminent Domain Programming At The ABA Annual Meeting

Free CLE credit, and a free lunch — who can top that?

Join two experts, U. Hawaii Law School Dean Avi Soifer, and Professor John Eastman (Chapman Law, and former clerk to Justice Clarence Thomas), in downtown Honolulu, tomorrow, Tuesday, June 28, 2016, for “United States Supreme Court Review – October 2015 Term.”

Among the topics they will be discussing are the big immigration, union dues, affirmative action, and Clean Water Act cases decided by the Court. 

Details:

Date: Tuesday, June 28, 2016
Time: 11:30 a.m.
Location: the offices of Carlsmith Ball, 1001 Bishop Street
RSVP: fedsochawaii@gmail.com

And did we mention a free credit of CLE (and lunch)? 

Hawaii Lawyers’ Chapter, Federalist Society: U.S. Supreme Court Review October 2015 Term (June 28, 2016) 

Continue Reading Tomorrow, June 28, 2016, Downtown Honolulu: U.S. Supreme Court Term In Review

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A very good crowd for today’s Oregon Eminent Domain Conference in Portland. 

Here are the links to the cases and other materials that we spoke about today in our session “Inverse Condemnation and Regulatory Takings – Issues and Trends.”  

Our thanks to Planning Chairs Jill Geleneau and Paul Sundermier for putting together a great program, and for inviting us to speak. 

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Continue Reading Links From Today’s Oregon Eminent Domain Conference