March 2024

Is a Pretextual Taking Invalid? Not if you say it is for a park.

By |2024-03-26T02:45:03+00:00March 26th, 2024|Eminent Domain, New York, Pretextual Takings, Second Circuit|

The first paragraph  in Brinkmann v. Town of Southold, 2024 U.S. App. LEXIS 5994 (2nd Cir.  2024), may have gotten some takings mavens excited about pretextual takings, when the court stated The Defendant Town of Southold ("Southold" or the "Town") authorized the creation of a park on a parcel to be taken by eminent domain [...]

2024 Virginia Eminent Domain and Infrastructure Legislative Update

By |2024-03-18T23:56:57+00:00March 18th, 2024|Eminent Domain, Gas, Governments, Pipeline, Virginia Law|

The arrival of spring heralds the end of the regular session for Virginia’s legislature.  While the General Assembly will return for a veto session in a few weeks (and may be forced to return for a special session if budget issues are not ironed out), the end of the regular session is a good opportunity [...]

A Plateful About Louisiana Oyster Leases: CFC Dismisses Alleged Takings Case

By |2024-03-05T03:44:50+00:00March 5th, 2024|Inverse Condemnation, Louisiana, Oysters|

We just came back from a meeting of the International Governing Council of the International Right of Way Association in New Orleans, so it seems appropriate to post about a recent case out of New Orleans, involving everyone’s favorite delicious New Orleans bite to eat, oysters.  The United States Court of Federal Claims recently handed [...]

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