Conned in Wisconsin

Be it the State, a county or a municipality, governments like to talk tough when invoking the right of eminent domain and initiating condemnation proceedings in circuit court.  Yet there is a number of things the government has to do…

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Tractor in Field

U.S. Supreme Court: California Regulation Constitutes a Physical Taking of Property and Requires Compensation to Property Owners

In a recent case decided on June 23, 2021, the Supreme Court of the United States held that a government regulation in California which allows union organizers to access private property for a specified amount of time per month and…

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Downtown Chicago

U.S. Supreme Court Denies Certiorari in Eychaner Case

On July 2, 2021, the U.S. Supreme Court delt another blow against property owners and their rights when it denied considering Fred J. Eychaner v. City of Chicago, No. 20-1214, a case which asked the Court to review the issue…

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Pipeline in forest

US Supreme Court Rules in Favor of Private Pipeline Company

The US Supreme Court ruled in favor of a private delegatee, PennEast Pipeline Company, LLC, and against New Jersey for the State’s property when the Court delivered its opinion on June 29, 2021 in PennEast Pipeline Co., LLC v. New…

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Front of the US Supreme Court Building

Eminent Domain Cases For Texas Border Wall Proceed Despite Pause

One of President Biden’s promises when he ran as a candidate was that there would be not “another foot of wall” construction of the United States southern border wall, and that the open eminent domain cases would end. “End. Stop….

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Cato Institute Files Brief in Eychaner v City of Chicago, Challenging Kelo v City of New London

On April 14, 2021, the Cato Institute filed an Amicus Curiae Brief in Eychaner v. City of Chicago, No. 20-1214, a case in which the Supreme Court of the United States could consider whether to expand the Takings Clause even…

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Prepare for More Projects Being Funded—and More Takings

An article¹ in the Chicago Tribune outlined out many infrastructure projects in Illinois that would receive a portion of federal funding should President Biden’s two-trillion-dollar American Jobs Plan pass, along with various perspectives on the plan as well. The plan,…

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Football Stadium’s New Turf and Drainage System Posing Potential Issues: An Example of Damages

There is hesitancy surrounding the Leechburg Area School District’s turf project for its Veterans’ Field Sports Complex, as the Leechburg council delayed approval of the project until its April meeting, according to an article posted on TribLive on March 21,…

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Businesses Along Route 47 in Woodstock Brace for State’s Road Widening Project

In an article published December 1, 2020, on the Shaw Media website, business owners are bracing for the upcoming road project on Route 47 in Woodstock, Illinois. While some are looking forward to the work being done, others are worried that the…

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Wait, Is It Imminent Domain or Eminent Domain? The Difference Between Imminent vs Eminent Domain

When you start to type in the word “imminent,” Google’s dropdown menu appears and fourth (at least when last checked) on that list was the search, “imminent domain.” That’s funny, you might think, I always thought it was spelled “eminent…

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Will the New Tropicana Field Project in St. Petersburg, Florida Fulfill its Duty in Using the Land for Public Good?

In an articled published on Tampa Bay Times website on January 15, 2020, authors Josh Solomon and Jay Cridlin provide updates regarding the future of Tropicana Field as well as the perspective of its past. The city has received eight…

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image of a cement in a truck

Even When Development Plans Change, Takings Can Still Be Constitutional

A corrected court opinion, filed on December 22, 2020 in the Illinois Appellate Court of Illinois, First District, affirmed the lower court’s findings. The case revolved around the City of Chicago’s taking of Defendant Eychaner’s vacant property at Grand Avenue…

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