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Archive | 2019

November 26, 2019

PIPELINES RAISE CRITICAL AND WELL-FOUNDED CONCERNS.

          The Supreme Court has agreed to take up a dispute over a natural gas pipeline’s crossing of the Appalachian Trail.  Developers of the Atlantic Coast Pipeline fought a 4th U.S. Circuit Court of Appeals ruling that found that the Forest Service lacked the ability to authorize the project to run under the trial.  The joint owners, Dominion Energy, Duke Energy and Southern Company, stated, “We are confident in our arguments, and those of the Solicitor General, and are hopeful the Supreme Court will overturn the Fourth Circuit’s decision and… read more

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Posted in Appalachian Trail, Keystone Pipeline, Pipelines, Uncategorized
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November 18, 2019

DAMAGES FOR FLOODING ARE ALL WET IN A CONDEMNATION PROCEEDING.

          The First Department handed down an interesting decision distinguishing an eminent domain claim from a tort claim.  In 82 Willis, LLC v The City of New York, ____ AD3d ____ [1st Dept 2019], 2019 NY Slip Op 08162, the Claimant filed a claim pursuant to EDPL Sec. 503 in the condemnation proceeding asserting a taking for an easement over its lot.  When it submitted its appraisal, it sought damages for flooding after rainfall.  The City moved to strike the appraisal on the basis that the flooding damages do not… read more

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Posted in Flooding, Inverse Condemnation, Tort Claim for Flooding, Uncategorized
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November 4, 2019

Damage resulting from a police action is not a taking

A takings claim was recently denied by the United States Court of Appeals, Tenth Circuit in Lech v Jackson, 2019 U.S. App. LEXIS 32393 [10th Cir Oct. 29, 2019, No. 18-1051]. The claim was made following the destruction of a house resulting from a high-stakes police action to apprehend a criminal suspect who attempted to evade capture by hiding out in a home. The court wrote that where the state acts pursuant to its police power, its actions do not constitute a taking for the purpose of the Taking Clause… read more

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Posted in Takings Clause
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October 31, 2019

OH MY, THE KEYSTONE PIPELINE IS LEAKING

          You remember the Keystone Pipeline.  President Trump signed an Executive Order on January 24, 2017 reviving the Keystone XL and Dakota Access Pipeline projects.  Former President Barak Obama rejected the Keystone 1,179-mile pipeline in 2015.           When he signed the Order, Mr. Trump recited that the pipeline would bring 28,000 construction jobs.  But according to the New York Times, “studies showed that the pipeline would not have a momentous impact on jobs.”  New York Times, January 24, 2017.  The President also indicated that he would renegotiate the terms with… read more

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Posted in Keystone Pipeline, Leaking Pipelines, Uncategorized
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October 8, 2019

SUPREME COURT DENIES REVIEW OF “QUICK TAKE” PIPELINE TAKING

          On October 1, 2019, the United States Supreme Court denied certiorari to review a landowners’ appeal from the 4th Circuit Court of Appeals in Givens v Mountain Valley Pipeline.  The issue is the “quick take” process that grants the pipeline immediate access to property when a Federal Pipeline Certificate is issued.  The 303-mile pipeline would transmit Appalachian shale gas to Mid-Atlantic markets.  The landowners are then relegated to a trial for just compensation.            The Supreme Court decision in June in Knick v Township of Scott (see Bye Bye… read more

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Posted in Pipelines, Quick Take, Uncategorized
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