Here’s the latest in an issue we’ve been following.
In SCS Carbon Transport LLC v. Malloy, No. 20230149 (May 30, 2024), the North Dakota Supreme Court held that that’s state’s statute which allows prospective condemnors to enter land
Property Law
Texas: If TxDOT Intentionally Cut Down Trees Outside Of Easement Area…You Have An Inverse Claim
The Texas DOT had an easement over a portion of the Self property. The Selfs rebuilt a fence a few feet inboard of the easement (in other words, well into the part of the land not burdened by the easement).…
Oregon: Statute Of Limitations On Physical Inverse Claim Runs From The Occupation, Even If It Was Permissive
Before we go on, a disclosure: this is one of ours (we filed an amicus brief in support of the property owners).
In Walton v. Newkowin Regional Sanitary Authority, No. S069004 (May 23, 2024), the Oregon Supreme Court held…
Must Watch: "Love of the Land" – Romain Tenney Eminent Domain Protest
Please be sure to check this out: a new animated film, “Love of the Land,” which “highlights [the] tragic story of Vermont farmer Romaine Tenney.”
You remember Mr. Tenney, who was one of those classic Vermonters.…
Must Watch: "Love of the Land" – Romain Tenney's Eminent Domain Protest
Please be sure to check this out: a new animated film, “Love of the Land,” which “highlights [the] tragic story of Vermont farmer Romaine Tenney.”
You remember Mr. Tenney, who was one of those classic Vermonters.…
La Cour suprême du Canada: In Constructive Takings, Compensation Calculated Without Reference To "The Scheme"
CA4: Jury Is Free To Cut-And-Paste Various Just Compensation Evidence To Reach A Verdict "Within the range of credited testimony"
Check out the U.S. Court of Appeals for the Fourth Circuit’s opinion in Mountain Valley Pipeline, LLC v. 8.37 Acres of Land, No. 23-1532 (May 14, 2024).
The caption tells you it is a federal eminent domain case, specifically…
Happy Birthday, Nectow v. City of Cambridge!
It was on this day in 1928 when the U.S. Supreme Court issued its second most famous decision about zoning, Nectow v. City of Cambridge., 277 U.S. 183 (1928).
We say “second” because everyone knows that the first is…
Supreme Court Avoids Discovery Rule Fight in Copyright Lawsuit
If You Choose Not to Decide, You Still Have Made a ChoiceThe Copyright Act’s three-year limitation period doesn’t limit damages to the three years before suit is filed. And in parts of the country, it currently doesn’t require you to…
New Cert Petition: Newly Decreed Easement Rule That Excludes Owners Is A Judicial Taking
Here’s the latest in a case we’ve been following.
In Romero v. Shih, the California Supreme Court recognized the doctrine of an “implied exclusive easement” (which sounds an awful lot like a fee simple interest, doesn’t it?) in…