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Texas Takings Case Accepted by US Supreme Court
Big congratulations to our colleagues at the Institute for Justice for persuading the High Court to hear another takings case. On Friday, the Court granted the petition for certiorari on the following question presented: “In First English Evangelical Lutheran Church v. County of Los Angeles, this Court recognized that the Fifth Amendment’s Takings Clause was... Read More
Everyone Loves Costco, Except Residents in Guilderland, NY
On the other side of the Hudson River, we have a “developing” eminent domain story involving a retailer that this blogger (and father of two) personally loves – Costco! What’s not to like? Great deals, diverse products, $5 giant rotisserie chicken…the list goes on. It seems you can purchase almost anything you could ever need... Read More
How Can a Redevelopment Designation Lead to a Taking by Eminent Domain?
In short, the determination that an area is designated “in need of redevelopment” by a local government, while not a constitutional taking itself, can be a precursor to a taking if the lawful procedure is followed by the government. Unless a property owner challenges the substance of the initial redevelopment designation at the time of... Read More
How One Texas Agency Restricted Its Eminent Domain Powers
Here is some eminent domain news from the Lone Star State. In a rarely seen maneuver (at least something this blogger has never), a new policy adopted by the Texas Parks & Wildlife Commission will restrict the Texas Parks and Wildlife Department’s (TPWD) future use of its eminent domain powers. Parks and Wildlife Code (section... Read More
Understanding Inverse Condemnation: Lessons from a Recent NJ Case
Inverse condemnation is a critical concept in property law, where property owners claim compensation from governmental entities that have effectively taken their property without formal condemnation proceedings. The case of 546 OG, LLC v. Edgewater highlights the complexities involved in such claims. In this instance, the court dismissed the inverse condemnation claim as “grossly out... Read More
Water Company Considers Condemning Alabama Neighborhood
Many of the typical eminent domain cases involve circumstances where a condemnor (i.e., the taking authority) seeks to take a solitary parcel of property, or a portion of the same, to further a public project. So, when we catch wind of a story where a water company is seeking to seize a city neighborhood, it... Read More
Eminent Domain in the Amazon Rainforest?
Being a “dirt lawyer” or owner’s counsel for the past twenty years – you start seeing takings’ law in everyday life. For instance, this past Sunday I read an article in the New York Times – Brazil Found Last Survivors of Amazon Tribe. Now What? (August 20, 2023) In 1989, a government agent, deep in... Read More
NY Rent Control Laws: Property Owners Challenge Constitutionality in Supreme Court
Rent control NY laws face a pivotal challenge as property owners petition the Supreme Court to address constitutional concerns about government takings. As a property rights attorney dealing with condemnation of property cases, I found particular resonance in Michael Berger’s law review article, “The Joy of Takings” (Journal of Law & Policy, 2017). While this... Read More
The Heavy Burden of Eminent Domain
Can The Government “Take” Private Property? In theory, eminent domain is the inherent power of the government to “take” private property for “public use.” When the government elects to exercise this power, the Constitution requires that “just compensation” be paid to the property owner in exchange for the taking. Based on this theory, it is... Read More
“Perpetual” Storm Protection???
Circa 2018 project picture. Long-time owners of ocean-front property in New Jersey and Long Island engaged in a ritual every Spring or early Summer. Pushing sand that had eroded from winter storms. It was almost a right of passage. That all changed after Hurricane Sandy when government intervened with the all too familiar, “we’re here... Read More
