Topic
Public Use
63 published works
inversecondemnation.com
New Cert Petition: Private Purpose Pretext In Economic Development Takings
In the nearly eight years since the Supreme Court's infamous decision in Kelo v. City of New London, the Court has yet to provide any clarification about what it meant…
inversecondemnation.com
Arkansas: Public Use Determinations Not Immediately Appealable
The city takes property for a bike trail. It deposited estimated compensation in court, and sought and obtained immediate possession. The owner disputed whether the city had the power to…
inversecondemnation.com
Amicus Brief In Willets Point Case: Condemnation For Redevelopment Needs A Plan
After the New York Court of Appeals' decisions in the Goldstein (Atlantic Yards) and Kaur (Columbia) cases, we opined that there were not many limits remaining on the government's exercise…
inversecondemnation.com
New Article – Recent Developments in Condemnation Law: Public Use, Private Property
The Urban Lawyer, the law review produced by the ABA Section of State & Local Goverment Law has published my article Recent Developments in Condemnation Law: Public Use, Private Property,…
inversecondemnation.com
NC App: Public Use Challenge Is Immediately Appealable
In some states, Hawaii included, the question of whether a taking is "for public use" is entitled to full resolution before addressing the question of just compensation. See, e.g., Haw.…
inversecondemnation.com
Professor Eagle Clears Up Our Confusion
Responding to the recent post on the New York Court of Appeals' decision in Uptown Properties, George Mason U. lawprof Steven Eagle writes with his thoughts on the concurring opinion…
inversecondemnation.com
New Article: Recent Developments in Challenging the Right to Take in Eminent Domain
The Urban Lawyer, the law review published by the ABA Section of State & Local Goverment Law has published my article Recent Developments in Challenging the Right to Take in…
inversecondemnation.com
Cert Petition In Columbia “Blight” Case: Are There Any Limits To Eminent Domain In New York?
In a case that could write the next chapter in the Kelo saga, the property owner recently filed this cert petition asking the U.S. Supreme Court to review the decision of…
Federal Eminent Domain Blog
Grand Valley State University Moves Forward
Grand Valley State University desires to expand its Grand Rapids campus. The former A&P warehouse is in its way. The article notes that the owner desired to cooperate in a…
Land Use Prof Blog
Ely on Stevens, Kagan and Property Rights
Shortly after Justice Stevens announced his retirement, we posted an article by Prof. John Echeverria on Justice Stevens' career legacy in property law, taking a generally positive view. Last week,…