Real Estate & Property Law

Links From ABA Condemnation Committee Conference Call (11/18/2009)

By Robert Thomas (inversecondemnation.com)

Another very interesting conference call today, focusing on the upcoming arguments in the Stop the Beach Renourishment case, the New York Court of Appeals' decision in Aspen Creek, and the New Jersey Supreme Court's decision to review Klumpp v. Borough of Avalon. Here are the links to some of the cases and other topics discussed during today's call, and other items of interest which we didn't have time for:

• A resource page for the Stop the Beach Renourishment case - merits and amici briefs, media links, and commentary.

• Our summary of the New York court's decision in Aspen Creek Estates, Ltd. v. Town of Brookhaven, 12 N.Y.3d 735 (N.Y. 2009), cert. denied, No. 08-1444 (U.S. Oct 5, 2009).

• More about the "bizarre condemnation," Klumpp v. Borough of Avalon, No. A-2963-07 (per curiam). See also this post on the case from the New Jersey Condemnation Law blog.

• Noble v. Safe Harbor Family Preservation Trust, No. 80873 (Wash., Sep. 24, 2009) - condemnation of a "private way of necessity."

• The "undivided fee" rule - City of Milwaukee Post No. 2874 VFW v. Redev. Authority of Milwaukee, 768 N.W.2d 749 (Wis., July 17, 2009).

• The Chicago Second Amendment case: was the entire Bill of Rights incorporated by the Privileges or Immunities Clause? More here.

• Grant County Fire Protection Dist. No. 5 v. City of Moses Lake, 150 Wn2d 791, 83 P.3d 419 (2004) - decision under the privileges or immunities clause of the Washington Constitution.

• The fallout from Pfizer's departure from New London.

• People ex rel. Dep't of Transportation v. Acosta, No. C059064 (Cal. Ct. App. Oct. 26, 2009) - in an eminent domain case, the California Court of Appeals, Third District concludes that a claim for lost goodwill was not preempted by federal law (the Petroleum Marketing Practices Act).

• Town of Kearny v. Discount City of Old Bridge, Inc., No. A-6220-07T3 (N.J. Super. Oct. 23, 2009) - analysis and summary here from the New Jersey Condemnation Law blog.

• Recent Developments in Public Use and Pretext in Eminent Domain, 43 Urban Lawyer 563 (2009).

Full post as published by inversecondemnation on November 18, 2009 (boomark / email).