A Dispatch From The ALI-CLE Eminent Domain Conference
“Anyhow, here are the links to the cases and materials I mentioned during the talk:
The decision by Canada’s Supreme Court about business losses in expropriation cases, even where the property has not been taken, but only been affected by a taking.
The Columbia Law Review article on undercompensation in eminent domain, Just Undercompensation: The Idiosyncratic Premium in Eminent Domain, 113 Colum. L. Rev. 593 (2013).
The Fourth Circuit decision about EAJA fees, and how the government’s reasonable trial conduct does not automatically insulate it from overall liability for its pretrial unreasonable behavior.
The case, now pending before the California Supreme Court, about whether the judge or the jury decides questions about whether there was a reasonable probability that a city would condition a property owner’s use on the owner’s dedication of property, and if so, whether the dedication passed the Nollan/Dolan nexus and rough proportionality requirements.”
Inverse Condemnation Bog 23 January 2014.