Greetings and welcome to our website. Spring has sprung across most of the United States, and thoughts turn to things outdoors. If you are like me, you are glad to see the cold, snowy winter in your rearview mirror.
With Spring comes a sense of renewal and growth. We at the Condemnation, Zoning and Land Use Committee are no exception. We are renewing our commitment to bring you a website with new and timely content, informative links and insightful commentary on recent cases of interest. I am pleased to introduce Erika Harrison as a Case Notes Editor. Erika is an associate with the Turner Padget firm based in Charleston, S.C., one of the most beautiful cities in America. She will be a regular contributor to our Case Notes section, adding informative and interesting contest to our website.
We continue to expand and improve our 50 State Condemnation Law Project captained by our Compendium Editor Bill Blake. We hope that the interactive map makes it easier to access the content you want in the state in which you're interested. We're excited that as time progresses, more and more state-specific information are becoming accessible through this portal.
Consider joining our active committee and consider becoming a contributor either to this website or to the Committee’s newsletter Lis Pendens. If these opportunities appeal to you, please contact me or, if you prefer to write for our newsletter, our newsletter editor John Little. If you do not see your state (or a state in which you practice) in the compendium, we really would like for you to consider becoming a state editor. This offers substantial exposure for both you and your firm’s land use practice with a VERY MODEST TIME COMMITMENT. Contact our project coordinator if you are interested. Already, several of our state editors have contributed case notes and commentary on interesting developments in the law, in addition to their state outlines, and have reported positive feedback (and referrals) as a result of the postings! You could join them.
Spread the word among your colleagues to bookmark this site as a MUST USE resource for the serious condemnation, land use or zoning lawyer.
Robert J. Will, Website Editor
Website editor Robert Will, a member of Lewis, Rice & Fingersh, in St. Louis, Missouri, and his partner Frederick J. Hess, are co-authors of a useful guide to Federal condemnation practice, which has recently been updated for 2007.
The Missouri Supreme Court has adopted new approved (MAI) jury instructions for use in eminent domain cases involving either full or partial takings. These instructions reflect recent post–Kelo legislative changes enacted by the Missouri General Assembly. Use of these new instructions becomes effective (and mandatory) on July 1, 2008.
In Cine SK8, Inc. v. Town of Henrietta, the US Court of Appeals for the Second Circuit (NY) has provided some guidance on how to prove a substantive due process zoning case, defining in the process the “property interest” necessary to trigger constitutional protection in the event of a unilateral modification of a special use permit by a municipality.
Because our Committee has members practicing in every state, we’ve been compiling an online compendium with a brief overview of law and procedure related to eminent domain for each state. Texas is new to the compendium, and Iowa has been revised.



