Podcast Episode 26 – Four Eminent Domain Cases to Watch in 2019

Podcast Episode 26  – Four Eminent Domain Cases to Watch in 2019

In Episode 26 of the Eminent Domain Podcast, we discuss four eminent domain cases to watch in 2019.

1.  Knick v. Township of Scott. An article from the Wall Street Journal about the recent re-argument in the case: https://www.wsj.com/articles/supreme-court-hears-cases-involving-land-use-alcohol-permits-11547678921?shareToken=st6639c9e086044c66b109cb0a13b74ac9&ref=article_email_share

2.  The Border Wall (Soon to be?) Cases. Articles from Professor Gerald Dickson and Ilya Somin are here: https://thehill.com/opinion/white-house/424195-trumps-militarized-land-seizure-for-border-wall-is-more-complicated-than

and here:  https://reason.com/volokh/2019/01/07/eminent-domain-emergency-powers-and-trum

Rep. Amash’s proposed bill:  https://amash.house.gov/sites/amash.house.gov/files/documents/Eminent%20Domain%20Just%20Compensation%20Act.pdf

3.  The Flooding and Wildfire Cases.

4.  Nexus Gas Transmission v. City of Green, Ohio (the circuit split about when a FERC regulated pipeline can take possession of property it is condemning) The 6th Circuit joined the 3rd and 4th Circuits in concluding that, notwithstanding a lack of quick take power in the Natural Gas Act, a trial court may by injunction grant a FERC regulated pipeline that meets the standards to exercise the eminent domain power, immediate possession of property to commence construction.  The 7th Circuit stands in contrast to the 3rd, 4th, and 6th.  The Nexus Gas opinion is here:  https://law.justia.com/cases/federal/appellate-courts/ca6/18-3325/18-3325-2018-12-07.html

Thank you to Robert Thomas, one of the co-planning chairs of the 2019 ALI-CLE Eminent Domain and Land Valuation Conference, for recording information about the upcoming conference on January 24-26 at the Marriott Renaissance Hotel in Palm Springs, California.


For those in the DFW area, I am very excited and honored to be one of the presenters at the 2019 TEDx Conference in Flower Mound, Texas on February 7, 2019.  The conference theme is World Changers.  I will be speaking on Finding Your Second Wind – Resiliency Along the Journey.  If you wish to attend, a link to the event website is here: https://tedxflowermound.com/

Please share your thoughts on the show or this episode with me.  I’m on Twitter @J_Clint.

My webpage bio is here: http://www.dawsonsodd.com/attorneys/clint-schumacher/




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Clint has represented property owners of all sizes that are being impacted by public projects. Over the last twenty years, Clint has developed a particular expertise in condemnation for highway projects. LEARN MORE >>>



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