The Supreme Court's 2019 decision in Knick v. Township of Scott eliminated the requirement to exhaust state remedies before bringing federal takings claims, but what it did not do is offer a second bite at the apple to takings plaintiffs. The recently decided case of Warner v. City of Marathon may serve as a cautionary [...]
Earlier this month, the Court of Appeals of Texas, Fifteenth District, Austin, issued its opinion in a dispute between the Texas Parks and Wildlife Department (“TPWD”) and a white-tailed deer breeder. (Editor's Note: I can’t say I had personally ever heard of anyone breeding white-tailed deer before reading this opinion, as in Virginia and North [...]
[For a more involved examination of this book check out the discussion with the author on the Infrastructure Junkies podcast.] One of the things that makes this nation such a wonderful place to live is our fabulous infrastructure system. We have reliable electricity, running water, sewage, cable TV, safe and reliable airlines, rails and roads [...]
In a previous blog post, we explained that landowners in Virginia were threatening to challenge a state statute that they say permits landowners to enter private property to retrieve hunting dogs as a taking of their property under the rationale announced in Cedar Point Nursery v. Hassid, 141 S. Ct. 844 (2020). We also warned [...]
The Virginia General Assembly has now adjourned its regular session, and both bills that were previously described on this blog have survived, though in modified form. The changes to Senate Bill 666, previously discussed here, and Senate Bill 694, previously discussed here, will be discussed in more detail below. Senate Bill 666 The primary modification [...]
It comes as no surprise given the current state of the affordable housing market across America, that some government entities are looking for solutions using every tool available to them, whether previously used or never tried before. Attention grabbing headlines out of Los Angeles and New York have some eminent domain lawyers wondering if [...]