Join us at 12:30pm ET today, Tuesday, February 13, 2024, for the ABA’s Section of Real Property, Trust and Estates’ monthly Professor’s Corner, where we will join exactions experts Prof Tim Mulvaney, Andrew Gowder, and Prof Elizabeth Elia to discuss the Supreme Court arguments, the issues in the case, and what may be down
February 2024
No State Takings Problem In Amending Public Pension Plan
Illinois adopted a statute that tweaked public pensions:
On January 1, 2020, Public Act 101-610 became effective and amended, in pertinent part, portions of the pension code to consolidate all applicable local police and firefighter pension fund assets into two statewide pension investment funds, one for police and the other for firefighters. Pursuant to the…
The Public Use Requirement Is Self-Executing: “In a free society, we should not expect that when a court tells the government that a taking is illegal and unconstitutional, that it would just go ahead and seize the property anyway.”

The historic Supreme Court of North Carolina.
Here’s the latest in a somewhat strange case we’ve been following about what happens after a court determines that a taking lacks a public use — but the condemnor goes ahead and just seizes the property anyway.
The Town of Apex, North Carolina, sought to take an easement…
Ohio: We Really Meant It When We Remanded For Weighing Of Evidence – Appeals Court Had No Business Dismissing
A quick per curiam from the Ohio Supreme Court.
In State ex rel. AWMS Water Solutions, LLC v. Mertz, No. 2023-0125 (Ohio Jan. 24, 2024), the court issued a gentle (or maybe not-so-gentle) “benchslap” to the court of appeals. Here’s the scenario.
First of all, recall that Ohio does not recognize a…
New Article: Missed Opportunities in State Takings Challenges to Pandemic-Era Restrictions (Brennan Center’s State Court Report)
Thank you to the Brennan Center for Justice at NYU Law School’s State Court Report (#statecourtreport) for publishing our piece “Missed Opportunities in State Takings Challenges to Pandemic-Era Restrictions.” The title gives a hint about what this is about: how state and local government’s reaction to Co-19 spurred challenges not only under the U.S.
2024 ALI-CLE Eminent Domain & Land Valuation Litigation Conference, New Orleans
Our annual “proof of life” photo –
Yes, this is New Orleans,
but nearly 300 of us are in the room
to talk eminent domain and property rights shop
A fantastic turnout at the ALI-CLE Eminent Domain & Land Valuation Litigation Conference.
Some numbers:
- Eleven. The number of attendees from a single firm,
…


