Damon Key Leong Kupchak Hastert

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On the day we celebrate Constitution Day (or should we say Khaaaaan-stitution Day?) we have to admit that pretty much nothing beats One Named Kirk’s reading of the Preamble.  He might be from Iowa, but that guy who plays him is from north of the border, so our kudos to a Canadian for the best dramatic rendition of our founding document. “This was not written for chiefs!”  Beam me down, Scotty!
Here’s the amici brief we are filing today in support of the Petitioner in a case we’ve been following, Smyth v. Conservation Comm’n of Falmouth, No. 19-223 (cert. petition filed Aug. 20, 2019).  The Massachusetts Court of Appeals held that a judge, not a jury, determines Penn Central takings questions, and that the owner lost anyhow because, you know, Penn Central.  Here are the Questions Presented: Whether the loss of all developmental use…
Takings mavens know lawprof Ilya Somin. Among other things, he’s authored some of the more interesting and useful scholarship in our field. Here’s his latest, published in the 2019 Cato Supreme Court Review, about the Supreme Court’s latest takings case, Knick v. Township of Scott.  We naturally recommend you read the entirety of his article, Knick v. Township of Scott: Ending a Catch-22 that Barred Takings Cases from Federal Court, which he…
  Today’s post is kind of long, but we think the case is well worth your time. NGA Preliminary Injunctions Regular readers know that we’ve made no secret of our disapproval of the prevailing practice in federal courts of using preliminary injunctions to allow private for-profit pipelines to grab immediate pre-condemnation possession of property using the Natural Gas Act’s delegated federal power of eminent domain, even though everyone agrees the NGA delegates only the straight…
Barista’s note: today’s post is mostly by Benming Zhang, one of my William and Mary law students. He likes property, land use, takings, state and local government law, and related subjects. And he walks the walk: his day job is serving as an elected member of the Williamsburg, Virginia, city council. (It is his night job, actually, since he’s a full-time student, and the council meets mostly in the evenings)  This post…
A great result for colleague Carolyn Elefant, who represents property owners in a case and issue we’ve been following.  This is one of those Natural Gas Act pipeline cases. Not on the issue of immediate-possession-by-injunction (we’ll have the latest development in that chapter very soon), but on the administrative law side, involving FERC’s approval of a certificate of public convenience. That, as you know, is the trigger to a private pipeline exercising the…