As we’ve noted before, the growing homeless and “urban camping” situation seems to be getting worse, and in our perception is reaching the point of being intractable. A trip down the sidewalk of any major city — if you dare, particularly in the west — will confirm. And there are no easy answers
2019
Only In Texas?
At today’s CLE program a door prize for the Ethics program was…a .45 holster.
Looks like we’ve got to step up our game for ALI-CLE’s Eminent Domain and Land Valuation Litigation Conference 2020 in Nashville. What should we give away, a steel guitar? A Patsy Cline album? Suggestions welcome.
ND Supreme Court Rejects City’s Claim That “We Already Own The Property By Prescriptive Easement So Are Not Liable For A Taking”
Pretty simple facts in the North Dakota Supreme Court’s opinion in Lincoln Land Development, LLC v. City of Lincoln, No. 20180117 (Mar. 15, 2019): back in the day (the 1980’s) the City had a dirt road over private property, used to access its sewage treatment plant. Lincoln Land Development bought the property in 2005.
Materials And Links From Today’s Austin Eminent Domain CLE
Great crowd today in Austin for CLE International’s Eminent Domain seminar, co-chaired by our colleagues Chris Clough, Sejin Brooks, and Christopher Oddo. We spoke about “National Trends and Developing Issues in Eminent Domain.”
Here are the cases I referred to which are not included in your written materials:
…
Another Cert Petition Challenging Quick-Take-By-Injunction In Gas Pipeline Takings
Here’s the cert petition filed recently in yet another case (seeking review of the Eleventh Circuit’s opinion) which challenges a federal court issuing an injunction in a Natural Gas Act taking allowing a private condemnor to obtain immediate possession of the land being condemned, even though the NGA does not delegate to pipeline condemnors…
It’s The Vibe Of It: High Court Of Australia Confirms Compensation Due For Loss Of Native Land Title

After-class graffiti. My students know me too well.
As anyone who follows this blog consistently must understand by now, perhaps our favorite courtroom scene in a law-related movie is The Castle‘s closing argument by Dennis Denuto, Esq.
In summing up, it’s … the [Australian] constitution, it’s Mabo, it’s justice, it’s law, it’s the vibe…
All Your Race Are Belong To Us: Baltimore Is Condemning The Preakness Stakes (We’re Serious)
Pop quiz: Quick! Name the races in the Triple Crown of horse racing… There’s the Kentucky Derby (check) … the Belmont Stakes (check) … and … oh yeah, the Preakness Stakes. We always almost forget that last one.
But the City of Baltimore sure hasn’t. Because the home city of Pimlico racetrack and the aforementioned…
11th Cir: The Use Of Land Isn’t A Fundamental Right, Even If “What happened to [the owner] here was pretty doggone s[tink]y.”
We’ve been meaning to post the U.S. Court of Appeals for the Eleventh Circuit’s opinion in Hillcrest Property, LLP v. Pasco County, No. 16-14789 (Feb. 13, 2019), mostly because of the provocative way it starts off:
The question before us is whether a litigant in this Circuit has a substantive-due-process claim under the Due…
Audio: Readings From “The Habit of Turning The World Upside Down”
Last week, author Howard Mansfield joined us at the William and Mary Law School for two sessions about his recently-published book, “The Habit of Turning the World Upside Down – Our Belief in Property and the Cost of That Belief.” His book is about property, property rights, and what he has discovered about…
New Amici Brief: Investment, Not Profit, Is What The Takings Clause Recognizes
Here’s the amici brief we signed onto for Owners’ Counsel of America, filed last week in a regulatory takings case we’ve been following.
This brief, one of several filed which urge the Court to review the Federal Circuit’s conclusion there was no taking (despite a Court of Federal Claims verdict that there was)…





