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"Except From A Vending Machine. . . ." : Recent Developments in Eminent Domain Law

"Except From A Vending Machine. . . ." : Recent Developments in Eminent Domain Law. June 30, 2010 Presented by: John C. Murphy, Esq. Murphy & Evertz, LLP.

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"Except From A Vending Machine. . . ." : Recent Developments in Eminent Domain Law

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  1. "Except From A Vending Machine. . . ." :Recent Developments in Eminent Domain Law June 30, 2010 Presented by: John C. Murphy, Esq.Murphy & Evertz, LLP

  2. “Neither a wise man nor a brave man lies down on the tracks of history to wait for the train of the future to run over him.”Dwight D. Eisenhower

  3. “If you want to truly understand something, try to change it.”Kurt Lewin

  4. “Change is inevitable – except from a vending machine.”Robert C. Gallagher

  5. Legislative Trends

  6. Suzette Kelo “This has nothing to do with me. I’m nothing, I’m a nobody. This is every U.S. citizen, every American. No homes, no properties, no farms. Nothing is safe anymore.”

  7. Three Reasons – Less Major Legislative Reform ● No Real Constituency ● Downturn In Economy ● Sophisticated Opponents

  8. "If a legislator wants to hurt job creation in Mississippi during this recession and forever after, a vote to override this veto is the best way to achieve that terrible outcome." Downturn In Economy

  9. “You would never build any big thing in any big place in any big city in this country if you didn’t have the power of eminent domain.”New York City Mayor Michael Bloomberg

  10. Judicial Overview ●About 190 Noteworthy Federal And State Published Opinions. ● About 20% Federal Courts. 80% State Courts. ●Wide Range of Issues - - From Public Use To Regulatory Takings.

  11. Eight Trends ●End To Kelo-Based Legislative Reform ●Remedies For Relocation Act Violations ● Fewer Judicial Limitations On Right-To-Take ●Uneconomic Remnant Rules Reformed ●Business Goodwill Rules Adopted By More States ●Special Purpose Properties Rules Adopted By More States ●Access Impairment Rules Rationalized ●More ADR/Mandatory ADR

  12. Relocation Assistance Opinions ●Delancey v. City of Austin, (5th Cir. 2009) 570 F.3d 590 (Texas) ●Washington Mutual v. Metropolitan Transportation Authority, (App. Div. 2009) 889 N.Y.S. 2d 172 ●Waller v. America Transmission Co. LLC, (Wis. App. 2009) 776 N.W. 2d 612

  13. Pretextual Eminent Domain Opinions ●Township of Readington v. Solberg Aviation Co., (N.J. App. Div. 2009) 976 A.2d 1100 ● City of Stockton v. Marina Towers LLC, et. al., (2009) 171 Cal. App. 4th 93

  14. Public Use Opinions ●Kaur v. New York State Urban Development Corporation, No. 125, Slip Op. (N.Y. June 24, 2010) ●Goldstein v. New York State Urban Development Corporation, (N.Y. 2009) 921 N.E.2d 164 [13 N.Y.3d 511]

  15. Professional Liability ●Kearney v. Foley & Lardner LLP, (9th Cir. 2009) 582 F.3d 896 (California)

  16. Factors Behind The Trends ●More Tolerance of Government Economic Activism ●Focus On Job Creation/Stimulus ● Changing Judiciary ●Stare Decisis ●Lessons of History (1929-1939)

  17. QUESTIONS?

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