Recently the United States Supreme Court in Arkansas Game and Fish Commission v. United States, determined that temporary flooding can constitute a taking under the Takings Clause of Fifth Amendment. [1] The facts of the case are straightforward. The Arkansas Game and Fish commission owns 23,000 acres adjacent to the Black River which it operates as wildlife [...]
Eminent Domain
Another example of the legacy of the Kelo case has arisen in Columbia, Missouri. On April 2 the voters there will decide: whether to prohibit the City from: (1) using eminent domain to acquire property for economic development” if the City intends that the property will end up in private hands for private purposes, and [...]
Mediator selection in any dispute is important, but never more so than in eminent domain cases. Parties in these specialized cases will almost always find it advantageous to employ a mediator with the following qualifications: (1) significant mediation experience (process skills); and (2) significant eminent domain experience (subject matter skills). Condemnation cases are unique, involving unique terminology, [...]
I recently found a 2010 article describing a study which will benefit lawyers and parties on both sides of eminent domain/condemnation cases. It deals directly, and in detail, with the question of how well lawyers can predict case outcomes.[1] Litigation savvy clients, and lawyers—as well as knowledgeable observers of the legal profession—would agree that the [...]
