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
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Damon Key Leong Kupchak Hastert Blogs
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Ninth Circuit Affirms No Coverage in Dispute Over Salvage of Sunken Ship
The Ninth Circuit affirmed the district court’s decision that the insured was not covered for a dispute over the salvage of a sunken ship. Great American Ins. Co. v. May, 2024 US App. LEXIS 10137 (9th Cir. April…
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.…
Insurer’s Motion to Dismiss "Redundant Claims" Denied
The insurer’s motion to dismiss was more appropriate for an eventual summary judgment motion and was consequently denied. Sivan Lam v. Scottsdale Ins. Co., 2024 U.S. Dist. LEXIS 81262 (M.D. Fla. April 12, 2024).
Lam suffered…
La Cour suprême du Canada: In Constructive Takings, Compensation Calculated Without Reference To "The Scheme"
Insurer’s Refusal to Consider Supplemental Claim Found Improper
The Eleventy Circuit reversed the district court’s finding that the insurer had properly rejected the insured’s supplemental claim. Great Lakes Ins. SE v. Concourse Plaza A Condomiium Association, Inc., 2024 U.S. App. LEXIS 8958 (11th Cir. April 15,…
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…