Just got back from San Francisco and the ALI-CLE Eminent Domain and Condemnation Law 101 seminar.

Together with Dwight Merriam of Connecticut and Brad Kuhn of California, we presented on the “Assemblage” doctrine is set out in the Supreme Court’s decision in Olson v. U.S. and book-ended by the Supreme Court’s decision in U.S. v. Fuller.  That doctrine, in a physical taking case, allows a landowner to argue that the highest and best use of its property could be determined by taking into account a use that required the assemblage of its property with other properties.  Even those not owned by the landowner.

We didn’t get a chance to discuss the other seminal cases in this area, but they are included for your reference:  Clarmar Realty v. Redevelopment Authority of the City of Milwaukee, Miller v. Preisser.  The Connecticut Supreme Court’s rejection of assemblage is found at Commissioner of Trans. v. Towpath Associates.

My partner, Robert Thomas, has materials galore over at www.inversecondemnation.com.