You know the claim: even after the federal courts opened back up to regulatory takings claims, winning a case is still pretty difficult.
Yes, that may be by design: maybe it’s not supposed to be easy to get in the way of the regulatory state and prevail on a claim that a government action
In 1996 (you remember 1996, don’t you?), Corey purchased a vacant parcel, adjacent to a busy crossroads, and thus an ideal location for a truck stop. Problem was that the zoning was C-2, which didn’t permit truck stops (although it did allow gas stations and convenience stores).
So began a 25+ year odyssey
It was on this day in 1928 when the U.S. Supreme Court issued its second most famous decision about zoning, Nectow v. City of Cambridge., 277 U.S. 183 (1928).
We say “second” because everyone knows that the first is the Court’s decision issued just two years earlier which generally upheld comprehensive use, height, and
The long-awaited book from lawprof Eric Claeys, “Natural Property Rights” (Cambridge Press 2025) has dropped.
More, after we’ve had a chance to read it.
Now mind you, in the hardcover edition the thing ain’t exactly cheap (£100 GBP from Cambridge, or $130 from Amazon). But frankly, for an academic
A brief, but important, decision from the U.S. Court of Appeals for the Second Circuit.
In Sikorsky v. City of Newbergh, No. 23-1171 (May 2, 2025), the court held that the plaintiff adequately pleaded a regulatory takings claim which was based on Tyler v. Hennepin County, where the U.S. Supreme Court held that
Want to learn of some of the options available to property owners whose land is taken by eminent domain (or, even more sadly, destroyed by a disaster)?
Then you should sign up for next week’s ALI-CLE webinar, “1033 Exchanges: Advanced Strategies for Optimal Tax Deferral.”
Here’s a description of the program:
When property
We had to read the facts of the Tennessee Court of Appeals’ opinion in City of Pigeon Forge v. RLR Investments, LLC, No. E2023-01802-COA-R3-DV (Apr. 20, 2025) a couple of times over, just to make sure we were understanding what was going on. But the effort was worth it, just because of the unusual
Partial taking for highway project. You know what that means: severance damages. And you also know that often means a “general or special” benefits fight over how the remainder parcel may have been improved by the project, and whether these benefits can reduce the severance owed.
Before-the-project condition: undeveloped land on a frontage road with
Here’s the latest in a case we’ve been following.
This is Fane Lozman. You know his name. Yes, the guy who has taken on the City of Riviera Beach, Florida twice at the Supreme Court, and is now coming back for a third shot on goal. Houseboat guy. Public hearing gadfly guy
Here’s more on an issue we recently covered involving Texas’s “depopulation” of captive white-tailed deer in order to curb Chronic Wasting Disease. In the earlier opinion, the court held that the owner of a deer-breeding facility did not have a property interest in the deer, and thus could not assert a due process