And belong to the owners of the mineral estate, at least according to two of three judges on a Ninth Circuit panel, applying Montana property law.

Dr. Ian Malcom, dissenting.  

Update: our New York colleague Mike Rikon has posted a much better summary of the case and the court’s rationale here. You have to read any post that includes the sentence, “The case reminded me of a New York case dealing with a Mastodon.” Oh yeah.

Murray v. BEJ Minerals, LLC, No. 16-35505 (9th Cir. Nov. 6, 2018)16-35506 

Continue Reading CA9: No Bones About It – Dinosaur Fossils Are “Minerals”

Been meaning to post this one for a while, because it’s on a topic that is frequently on the mind of eminent domain lawyers, but isn’t often covered by the courts: liability for inequitable precondemnation activities.

In City of Albuquerque v. SMP Properties, LLC , No. A-1-CA-35261 (Sep. 26, 2018),  the New Mexico Court of Appeals 

City of Albuquerque v. SMP Properties, LLC, No. A-1-CA-35261 (N.M. App. Sep. 26, 2018)

Continue Reading NM App: Inequitable Precondemnation Activities

“Condemnation clauses” — provisions in leases that say if the leased premises is taken, then the lease automatically terminates — are pretty common. They also “codify” the common law, which provided the same thing. These provisions also commonly allocate if and how the lessor and the lessee would divide up any compensation award (often the tenant gets nothing).

The condemnation clause at issue in Utah Dep’t of Transportation v. Kmart Corp., No. 20160653 (Sep. 25, 2018) was just one of these. It provided:

In the event all of Tenant’s buildings constructed by Landlord shall be expropriated or the points of ingress and egress to the public roadways . . . be materially impaired by a public authority or quasi-public authority, this lease shall terminate as of the date Tenant shall be deprived thereof.

Slip op. at 3. Most critically, the clause also noted that the tenant (Kmart) would…

Continue Reading Utah: “Condemnation Clause” In Lease Terminated Tenant’s Ability To Be Compensated

Continue Reading Happy Constitution Day

In Pacific Gas and Electric Co. v. Superior Court, No. C085308 (July 2, 2018), there’s no discussion of the inverse condemnation claims brought by property owners against Pacific Gas and Electric for the devastating 2015 Butte wildfire. But since we’re following the progress of all wildfire cases, we thought you might be interested in this one anyway.

The issue was pretty straightforward: could the utility be held liable for punitive damages to the more than 2,050 property owners under California law for a massive wildfire which started “when a gray pine (the subject tree) came into contact with one of PG&E’s power lines?” Slip op. at 2. The master complaint alleged inverse condemnation as well as negligence, nuisance, trespass, and related. 

The Superior Court denied PG&E’s motion for summary judgment, but the Court of Appeal issued a writ of mandate and held that given the undisputed facts, the…

Continue Reading Cal App: Utility Not Liable For Punitive Damages In California Wildfire

text Download Wisconsin Three v Eau Claire, No. 2015AP1858 (June 6, 2018)

Wisconsin Three, LLC v. City of Eau Claire, No. 2015AP1858 (Mich. June 6, 2018) 

Continue Reading Wisconsin SCT: Courts Can’t Review City’s Blight Determination

The conference is being held at the Arizona Biltmore.

Proof that we are actually in the room (and not on the golf course).

Here are the cases which I mentioned at today’s conference. What a great turn out (130+ lawyers, appraisers, right-of-way professionals, and others).

Many thanks to colleagues Chris Kramer and Jennifer Cranston for planning the conference and for the the invitation to present, and to my co-panelist Laura Curry.

Public use, public purpose, and necessity

• Colorado: Taking for public infrastructure use is not for a taking for a public purpose. Oh, and necessity!
  
• St Bernard Port Authority v. Violet Dock Port – taking for private benefit, replacement cost as measure of just compensation.
• Cert denied: is land only partially owned by an Indian tribe immune from a state’s power of eminent domain? Public Service Co. of New Mexico v. Barboan.
• City of Marietta v. Summerour –

…
Continue Reading Links From Today’s Arizona Condemnation Conference

Tired of that dry, stuffy legal text on eminent domain law?

If so, you are in luck because author Tessa Berkley has the solution, her latest novel, “Eminent Domain” ($1.99 on Amazonfair market value). Here’s the synopsis:

When two brothers are sent to the opposite coasts, each man must decide between the dream of a lifetime, a chance to run the company, stepping out from their father’s shadow or living their own lives.

Asa Kingston journey to the Eastern Shore of Virginia is what he considers a fool’s errand. In an attempt to take over the company from his estranged brother, he is required to purchase the property known as Pinnacle Point. The owner, an elderly woman, should be easy to manipulate but he didn’t count on running in to her beautifully brilliant granddaughter, Mallory.

Pinnacle Point is the only home Mallory Bennett has ever known. When…

Continue Reading Eminent Domain: He Came To Claim Her Land. Instead, She Stole His Heart