Land development often comes with certain externalities. For instance, a new housing development may increase traffic on the roads surrounding the development, increase the number of children served by the area schools, or increase the demand on public utilities in the area. To deal with that, the locality in which new development is located may [...]
Devillier v. Texas is largely about a procedural nuance, but the pictures contain a message for people in right of way that matters even if the procedural nuance involved doesn't change much day to day. The eponymous Mr. DeVillier along with more than a hundred other parties to this U.S. Supreme Court Case own property [...]
Wetlands are a particularly important and fragile ecological resource. In recognition of that, the federal government has long interpreted the Clean Water Act broadly to protect not only wetlands that are directly connected to traditional waterways but also those more remote wetlands that have some connection to such waterways. In Sackett v. EPA, the Supreme [...]
Given that this is a blog about eminent domain law, it should come as no surprise that the answer to the headline’s question is related to state property law. Until recently, both labor organizers and hunting dogs—or, more accurately, hunters who hunt with dogs—were beneficiaries of laws in different states that permitted them to access [...]
The U.S. Supreme Court issued its opinion on Penneast Pipeline Co., v. New Jersey on June 29, 2021. In its 5-4 decision, one surprisingly not split across party lines, the Court addressed whether it is constitutional for the Federal Government to grant a pipeline company authority to condemn necessary rights-of-way in which a State [...]
The Supreme Court of the U.S. is expected to rule soon in a case that could have a profound impact on the development of natural gas pipelines. The case, PennEast Pipeline Co., LLC v. New Jersey, involves a natural gas pipeline project in the northeast. PennEast obtained a certificate of public convenience and necessity from [...]
Ever since the Supreme Court decided that economic development was a “public use” for which land could be taken by eminent domain under the Fifth Amendment in the controversial case of Kelo v. City of New London, 545 U.S. 469 (2005), the landowner bar and property rights interest groups have been searching for cases to [...]