The Eminent Domain Podcast covers topics about condemnation and property rights law from the most influential players in the eminent domain community.Read more »
The Eminent Domain Podcast covers topics about condemnation and property rights law from the most influential players in the eminent domain community.Read Less
For Episode 26 of the Eminent Domain Podcast, we discuss four eminent domain cases to watch in 2019.
1. Knick v. Township of Scott. An article from the Wall Street Journal about the recent re-argument in the case: https://www.wsj.com/articles/supreme-court-hears-cases-involving-land-use-alcohol-permits-11547678921?shareToken=st6639c9e086044c66b109cb0a13b74ac9&ref=article_email_share
2. The Border Wall (Soon to be?) Cases. Articles from Professor Gerald Dickson and Ilya Somin are here: https://thehill.com/opinion/white-house/424195-trumps-militarized-land-seizure-for-border-wall-is-more-complicated-than
and here: https://reason.com/volokh/2019/01/07/eminent-domain-emergency-powers-and-trum
Rep. Amash's proposed bill: https://amash.house.gov/sites/amash.house.gov/files/documents/Eminent%20Domain%20Just%20Compensation%20Act.pdf
3. The Flooding and Wildfire Cases.
4. Nexus Gas Transmission v. City of Green, Ohio (the circuit split about when a FERC regulated pipeline can take possession of property it is condemning) The 6th Circuit joined the 3rd and 4th Circuits in concluding that, notwithstanding a lack of quick take power in the Natural Gas Act, a trial court may by injunction grant a FERC regulated pipeline that meets the standards to exercise the eminent domain power, immediate possession of property to commence construction. The 7th Circuit stands in contrast to the 3rd, 4th, and 6th. The Nexus Gas opinion is here: https://law.justia.com/cases/federal/appellate-courts/ca6/18-3325/18-3325-2018-12-07.html
Thank you to Robert Thomas, one of the co-planning chairs of the 2019 ALI-CLE Eminent Domain and Land Valuation Conference, for recording information about the upcoming on January 24-26 at the Marriott Renaissance Hotel in Palm Springs, California.
https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-CA007
For those in the DFW area, I am very excited and honored to be one of the presenters at the 2019 TEDx Conference in Flower Mound, Texas on February 7, 2019. The conference theme is World Changers. I will be speaking on Finding Your Second Wind - Resiliency in the Journey of Life. If you wish to attend, a link to the event website is here: https://tedxflowermound.com/