Help with IJ’s State-By-State Eminent Domain Legal Survey

The Institute for Justice is compiling a summary and bibliography of eminent domain law in each state. This will serve several important purposes. First, IJ attorneys cite cases from across the country in their briefs, both in original litigation and amicus work. Second, lawyers call on IJ from all over the country asking for good decisions that are on point for their cases. IJ attorneys try to help, hoping to see more favorable eminent domain decisions. Third, IJ is working hard to keep track of the law’s development, but now that there are so many cases, it’s becoming hard to maintain a complete list. And finally, the public use issue is not covered sufficiently in property textbooks, and to make a pitch for further inclusion of good eminent domain cases, requires a large critical mass.

IJ hopes to find HAN members from each state to summarize good eminent domain cases in their states. Thank you to the following HAN members for their willingness to help:

• Arizona – Erwin Kratz (LSC 98)
• Connecticut – Derek Werner (LSC 99)
• Georgia – Ryan Van Meter (LSC 01)
• Illinois – Chad Pekron (LSC 98) and Andrew Stone (LSC 98)
• North Carolina – John Smerznak (LSC 00)
• Texas – Tammi Kannar (LSC 01)
• Washington – John Kutscher (LSC 03, IJ Washington Chapter volunteer)

If you are interested in helping with this project, please contact Dana Berliner at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Full-Fledged Case Opportunities

There are many individuals seeking representation to challenge the use of eminent domain to take their homes or businesses for private parties. Also, bear in mind that you can represent someone in another state under a pro hac vice motion. That is often useful, because it can be difficult to get a law firm you work for to let you challenge a local government, but easier to secure permission to challenge a government entity out of your area.

In addition, there is a woman who has appealed pro se from a trial court ruling in favor of a blight designation in Northern California. She very much needs representation on appeal.

If you are interested or available to help with these cases, please contact Dana Berliner at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

HAN Members Help IJ Fight Eminent Domain

The Institute for Justice is grateful to the many people who responded to pleas for help with amicus briefs.

IJ is submitting two amicus briefs in the Michigan Supreme Court that will challenge the court’s previous decision in the Poletown case. One of these briefs was authored by Ilya Somin (LSC 98), assistant professor at George Mason Law School, during his winter break. Ilya’s op-ed on the case was published in the Detroit News. Brian Meadors (LSC 97), of Pryor, Robertson & Barry, and Damian Najman (LSC 03), student at Columbia, contributed research to the Michigan briefs.

John Ceci (LSC 00) served as local counsel and did legal research on both Michigan amicus briefs. Due to Michigan’s particularly Byzantine rules, John got to spend a Saturday in the office in the service of liberty.

Daniel Muino (LSC 98), now at Gibson, Dunn & Crutcher in San Francisco, will be assisting IJ in filing an eminent domain amicus brief in the Oklahoma Supreme Court.

Also volunteering, and whose assistance IJ hopes to make use of in the future, were HAN members Erin Adrian (LSC 01), Rich Bitter (LSC 02), Colin Breeze, Brooks Cowan (LSC 03), Chris Edgar (LSC 00), Elizabeth Harmer-Dionne (LSC 95), Darin Lowder (LSC 03), Hayley Reynolds (LSC 03), Stephen Safranek (IJ Lawyers Conference), Paul St. Lawrence (LSC 02), Ilya Shapiro (LSC 01), and Sam Staley (IJ Policy Activists Conference, President of The Buckeye Institute.