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As we head into the weekend, one more reminder about two worthwhile eventss being staged next week: 

  • Monday, June 6, 2016:Airbnb & Zoning: A Planner & Lawyer’s Guide to Short-Term Rentals,” with our ABA and Owners’ Counsel colleague Dwight Merriam, FAICP. From the Planning and Law Division of the American Planning Association. Details here. If issues about the “sharing economy” like AirBnB, Uber, Lyft, and similar operations, and how they work in the regulatory environment are of interest, you might want to consider joining us at the ABA: we’ve just formally launched a new group within the Section of State and Local Government Law dedicated to these pressing legal questions. Stay tuned here for a separate post on how to join us.  
  • Thursday & Friday, June 9-10, 2016: Oregon Eminent Domain Conference, Portland. We’ll be speaking at that one. The focus is on Oregon


Continue Reading Seminar Reminder: Oregon Eminent Domain; Sharing Economy Issues

The land use and zoning game can be pretty strange to the uninitiated. If that description includes you, here’s your chance to get initiated. The American Planning Association is sponsoring a webinar about “Rules of the Game: A Framework for Fair and Effective Zoning Hearings,” on Monday, March 7, 2016. Here’s the description:

This webinar will cover the legal requirements for public hearings, including constitutional due process considerations, and provide tips on how to more effectively manage these hearings.

Details here. Thanks to colleague Evan Seeman at RLUIPA Defense blog for the heads up.  Continue Reading Upcoming Webinar: Playing The Zoning Game

At the recent ALI-CLE Eminent Domain and Land Valuation conference in Austin, Texas, I had the opportunity to interview Ted Balaker, Producer of the upcoming feature film about the Kelo v. New London case, Little Pink House, who took time out of his busy schedule to come to Austin and join us. 

Based on Jeff Benedict’s 2009 book, Little Pink House: A True Story of Defiance and Courage, the film stars Catherine Keener (Capote) as Susette Kelo and Jeanne Tripplehorn (The Firm, Basic Instinct) as the head of the New London Redevelopment agency.

Ted gave us an inside look at the film (which has completed principal filming), brought some photos from the set, and gave us a preview of what the film will cover. 

This is not the entire interview — you’ll have to have registered for the ALI-CLE program

Continue Reading Podcast: Interview With Ted Balaker, Producer Of The Upcoming Kelo Movie “Little Pink House”

As you probably are aware, Kelo v. City of New London has generated a ton of legal response: articles, books, cases. It has also rippled out to the broader culture with a movie and a book. At the recent ALI-CLE Eminent Domain conference, for example, we interviewed the producer of “Little Pink House,” the forthcoming feature film about the case. (We’ll share some soundbites from the interview soon, once we edit the podcast.) 

And now, music. A Connecticut group called “Swamp Yankee” has produced an EP, “Kelo v New London,” which, in addition to the title track (above), will contain cuts such as “Norwich,” “Dirge for Jewett City,” and “Shoreline East Rag.” Listen to the tracks here, where you can also order the

Continue Reading Kelo And The Cultural Zeitgeist: Movies, Music

We’ve posted a lot lately reporting on the 2016 ALI-CLE Eminent Domain and Land Valuation Litigation Conference, recently held in Austin. We have a couple of more posts for you before we turn to other things. Here is the first, a run-down of the blogs of faculty members, and others we were in the audience. If your blog is missing from this list, email me the link and I will update the post to include it.


Continue Reading The Blog Lineup From The 2016 ALI-CLE Eminent Domain Conference

Here are the opinions in the cases discussed at today’s National Forum at the 2016 ALI-CLE Eminent Domain and Land Valuation Conference:


Continue Reading Decisions Discussed at ALI-CLE Eminent Domain National Forum

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The second day of the 2016 ALI-CLE Eminent Domain and Land Valuation conference went as well as the first. Here are some highlights:

  • Austin Mayor Steve Adler (pictured above), who is (was?) also an eminent domain lawyer, welcomed us to his city. 
  • We moderated a discussion between Andy Gowder and Dana Berliner about “First Amendment for Fifth Amendment Lawyers: Free Speech, Signs, Defamation, FOIA, and RLUIPA Claims,” how takings lawyers deal with these issues when they crop up in their cases. 
  • One update from that session: at nearly the same time that we were talking about Central Radio, the case about the Norfolk, Virginia “anti-eminent domain” sign, the Fourth Circuit issued its opinion on remand from the U.S. Supreme Court. We’ll have more in a full post soon, but here’s the bottom line for now: no, the City can’t ban the sign (“we hold that the sign


Continue Reading 2016 ALI-CLE Eminent Domain Conference, Austin: Second Day

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Here’s what’s going on today, the first day of the 33d annual ALI-CLE Eminent Domain and Land Valuation conference in Austin, Texas. We’re at standing room only, with a record number of attendees and our usual nationally renown faculty.

We started off the day with our usual “Eminent Domain Update” session with Amy Brigham Boulris, and as mentioned, the links to the opinions which we discussed are going to be posted in a separate post today. 

We are being followed by a panel on pipeline takings, one of the hot issues nationwide, with Joe Waldo, Matthew Ray, MAI, Thomas Peebles, and Dave Domina.

That session was followed by Professor Ilya Somin, talking about his book, “The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain.”  

Above are our annual “proof of life” photos taken from the lectern, to show

Continue Reading ALI-CLE 2016 Eminent Domain Conference, First Day: Standing Room Only, National Expertise