A loss for property rights in Murr v. Wisconsin
“The Supreme Court just issued its decision in Murr v. Wisconsin, by far the most important property rights case of the term. The opinion is both a setback for constitutional property rights and likely…
Joseph P. MURR, et al., Petitioners v. WISCONSIN, et al.
“The St. Croix River, which forms part of the boundary between Wisconsin and Minnesota, is protected under federal, state, and local law. Petitioners own two adjacent lots — Lot E and Lot F —…
Colorado High Court Holds Highway Condemnations Unauthorized Since 1994, Dismisses Taking Suit Against U-Haul Under Nondelegation Doctrine
“On September 26, 2016, the Colorado Supreme Court, in a 7-0 opinion on an original proceeding, held the Colorado Department of Transportation (CDOT) has no condemnation authority under a 1994 resolution that unlawfully delegated to…
Beaumont justices hear oral arguments in pipeline ‘common carrier’ case
“Appellate judges in Beaumont are considering a case against a pipeline company that could more clearly define how Texas law defines a common carrier. Attorneys for Texas Rice Land Partners Ltd. and the Denbury Green…
Supreme Court: City must pay $344K in South Avenue right-of-way case
“The city of Missoula must pay $344,469 in damages, attorney fees and other costs in a lawsuit filed by South Avenue landowners who alleged the city took property without paying for it. “We’re not going…
Court sides with Merchantville in eminent domain dispute
“The state Supreme Court ruled Thursday that Merchantville officials acted properly in acquiring a rundown apartment building through eminent domain. In a 5-0 decision, the High Court said state law required the borough to negotiate…
Puerto Rico Recovery Act May Be Struck Down
“Assured Guaranty Ltd. (NYSE:AGO), MBIA Inc. (NYSE:MBI) and Ambac Financial Group, Inc. (NASDAQ:AMBC) have exposures of $2.6 billion, $2.5 billion and $897.9 million respectively to various Puerto Rico entities that are eligible to restructure under…
Supreme Court Victory for Georgia Property Owners
“The Owners’ Counsel of America applauds a recent Georgia Supreme Court ruling affirming that condemnors should not have an inequitable advantage over landowners in eminent domain proceedings. A recent unanimous Supreme Court of Georgia opinion…
State Supreme Court to rule in Delta property-rights case
“The California Supreme Court has agreed to decide an epic battle over whether the state must condemn and acquire parcels on tens of thousands of acres of private property to conduct preliminary testing for Gov….
Judge finds no evidence of contempt in Conway Corp. eminent domain case
“Gary Jiles, a Conway attorney representing Conway Corp, did not act in contempt of the state Supreme Court in an ongoing lawsuit over a water line easement, a judge acting as a specially appointed finder…