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You may recall that last October, we attended the first round of Supreme Court oral arguments in the Knick case with our William and Mary law class (Law 608: Eminent Domain and Property Rights).  

And even though there’s not a takings case on the Court’s current docket, we figured that the Maui Clean Water Act case was close enough. So we road-tripped it from Williamsburg to DC last Wednesday. And to make sure the six-plus hour round trip was not filled with awkward silence, like last year we asked each attendee to supply at least two songs for our playlist: one song a good “driving” song; the other a song that could be somehow connected to either our class topic (property rights, eminent domain, land use, and similar), or the day’s Clean Water Act and environmental issues. Well done, class, for being creative. 

Here’s what we came up with:

Have You Ever Seen The Rain (Creedence Clearwater Revival) – Clean Water Act, Creedence CLEARWATER Revival. You get it (“shining down like water..”). Both a good road song and related to the day’s enterprise. 

Property Line – Marshall Tucker Band. A song about property that also is a good road tune. It’s like the protagonist in the eminent domain film “The Castle,” – the singer owner really loves his land and nothing could ever really compensate him for it: “Well my idea of a good time / is walkin’ my property line / and knowin’ the mud on my boots is mine.”

New Shoes – Paulo Nutini. Road song with a beat that makes it hard to keep your foot off the gas pedal. 

This House is Not For Sale – Bon Jovi. “These four walls have a got a story to tell / The door is off the hinges, there’s no wish in the well / Outside the sky is coal black and the streets are on fire / The picture windows cracked and there’s no where to run I know, I know / This house is not for sale.” Takings.  

 
Poor Man’s Shangri-La – Ry Cooder. A track from his Chavez Ravine album, so this is one where you don’t have to imply a connection to eminent domain and property rights, because the songwriter has already done it for you. About why owners may love their land and their property, even though it isn’t upmarket. Blight, redevelopment, and the like. 
 
Take it Easy – Jackson Browne – A classic road song. (“I’m running down the road trying to loosen my load…”). Yeah, you may hate the Eagles, but this is the original version, to take it easy, man. 
 
Pink Houses – John Mellencamp. Both a good road song, and the track that lent its title to the book and move about Kelo.
 
Drive My Car – The Beatles. Road tripping and day tripping. Driver’s note: we were heartened when one of our students mentioned that she likes The Beatles, and that one of their CD’s is permanently in her car, for two reasons: first, much of the music selection this day was on the younger side to my ears and we’re glad that John, Paul, George, and Ringo still resonate with the younger set (OK BOOMER).; and second, because it is on CD (we thought everyone has gone streaming (OK BOOMER). Bravo. 
 
Bow Down – Xavier Rudd. “I sit here now 2010 government still stealing land / Making lame excuses for their greed while that / oil spills into the sea…” Property rights, environmental awareness. Classic protest song from an Aussie singer-songwriter. 
 
Brand New City – Mitski. Pretty sure this is on that made the list because the lyrics might be related to takings: “Honey, what’d you take, what’d you take? / Honey, look at me / Tell me what you took, what’d you take?”
 
You Never Give Me Your Money – another from the Fab Four. Just Compensation related: “You never give me your money / You only give me your funny paper / And in the middle of negotiations / You break down…” The lament of many property owners who get lowballed on comp. 
 
Good Vibrations – Beach Boys. A classic song for the open road. But as any fan of “The Castle” knows, vibes mean something too.
 
This Life – Vampire Weekend. Pretty sure this is a pure “road” song. 
 
The Wicker Man – Iron Maiden. Great song to keep you going at 3am on I-95 Northbound. 
 
Once in a Lifetime  – Talking Heads. The most Clean Water Act song of the day, especially about a case involving groundwater: “Letting the days go by, let the water hold me down / Letting the days go by, water flowing underground / Into the blue again after the money’s gone / Once in a lifetime, water flowing underground…”