Topic
Public Use
63 published works
inversecondemnation.com
More on DC Decision on Evidence of Pretext in Public Use Challenges
More on Franco v. National Capital Revitalization Corp., No. 06-CV-645 (July 12, 2007), a decision from the District of Columbia Court of Appeals about the level of proof needed to…
inversecondemnation.com
▪ New Articles on Eminent Domain (<em>Kelo</em> & <em>Midkiff</em>)
"Public Use And Zoning Intertwined" by Professor Richard Epstein, comparing the eminent domain power and the zoning power, and how, especially after Kelo, these two powers have been melded: Now,…
Retail & Consumer Products Law Observer
Trial Court Rejects Property Owners’ Challenge to Condemnation of Land for Brooklyn’s Atlantic Yards Arena and Development Project
Case: Goldstein v. Pataki, 488 F. Supp. 2d 254 (E.D.N.Y. 6/6/07)The One Sentence Summary: District court in Brooklyn rejected property owners' claim that condemnation of property for mixed-use development project…
inversecondemnation.com
▪ Brooklyn Eminent Domain Fight Goes to Second Circuit
A federal district court in Brooklyn, NY, first held that a landowner challenge to the public use of a taking was properly in federal court. Goldstein v. Pataki, 488 F.…
inversecondemnation.com
▪ Public Use Challenges Not Subject to <em>Williamson County</em> Ripeness
Does a landowner challenging the public use of a taking of property need to utilize state compensation procedures before seeking relief in federal court? In Rumber v. District of Columbia…
Chicago IP Litigation
Section 102(b) — Public v. Experimental Use
Cummins-Allison Corp. v. Glory Ltd., No. 02 C 7008, 2007 WL 487564 (N.D. Ill. Feb. 12, 2007) (Kendall, J.). Judge Kendall denied summary judgment of invalidity for defendant in this…
inversecondemnation.com
▪ Two New Eminent Domain Cert Petitions
Two cert petitions have recently been filed in the US Supreme Court on eminent domain. Didden v. Village of Port Chester, is a Kelo follow up. The case is detailed…
PropertyProf Blog
Post-Kelo Case From The Second Circuit — Didden v. Village of Port Chester
By propertyprof
Ilya Somin has a detailed post up at the VC on Didden v. Village of Port Chester, a potentially important public use case out of the Second Circuit. The case…
PropertyProf Blog
Weekly Top Ten
By propertyprof
Here's this week's list of SSRN's ten most downloaded recent property articles:1. (84) The Uselessness of Public Use, Abraham Bell (Bar Ilan University and Fordham Law School) and Gideon Parchomovsky…
PropertyProf Blog
Bell and Parchomovsky on The Uselessness of Public Use
By propertyprof
Abraham Bell (Bar Ilan University - Faculty of Law; Fordham University - School of Law) and Gideon Parchomovsky (University of Pennsylvania - School of Law) have posted The Uselessness of…