Real Estate Law Blog

Regulatory Takings Cases and the Relevant Parcel: Murr v. Wisconsin

This summer, in Murr v. Wisconsin,[1] the United States Supreme Court will make an important decision on property rights and regulatory takings under the Takings Clause of the Fifth Amendment of the U.S. Constitution. At issue in the case is whether two legally distinct parcels of land can be treated as one for regulatory purposes if they share common ownership. In a time when planning and zoning regulations change sporadically, this case has broad implications for owners of commercial property, farmers, developers, mining operations and others that hold legal title to adjoining properties, so these groups should pay particular attention to this case.

[1] Murr v. Wisconsin, 359 Wisc. 2d 675 (Wis. App. 2014), rev. denied, 862 N.W.2d 899 (Wis. 2015) More >

Pipeline Still Pushing Through, But Without Eminent Domain Power

According to a ruling issued last week by Judge Phillip Shepherd from Franklin Circuit Court, The Bluegrass Pipeline Co. cannot use eminent domain and condemnation to take private property for construction of a natural gas liquid (“NGL”) pipeline through Kentucky. Details about the Bluegrass Pipeline and the company’s efforts to secure easements were shared earlier on this blog. More >

Is the Bluegrass Pipeline Selling Pipe Dreams to KY Landowners?

Are you a Kentucky landowner in the path of the proposed Bluegrass Pipeline? If so, you need to read this before agreeing to allow the pipeline on your land. Residents in thirteen counties will be affected by the proposed pipeline and a lot is at stake. As a landowner, you need to understand your legal rights and the potential risks associated with the pipeline so you can make an informed decision as to whether or not you are going to allow the pipeline on YOUR property. More >