October 2025

A short one (unpublished) from the U.S. Court of Appeals for the Sixth Circuit in a Tyler taking case (an issue that seems like it is on a lot of courts’ minds right now).

In Wayside Church v. Van Buren County, No. 24-1598 (Oct. 6, 2025), the court affirmed the district court’s certification of

In a case we’ve been following for what seems like forever, the Hawaii Supreme Court has issued an opinion in Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. SCWC-19-0000776 (Sep. 17, 2025), holding that littoral property owners are owed nothing for the temporary regulatory taking of small portions of accreted beach.

Continue Reading Hawaii Supreme Court: Beachfront Property Is Worthless

This image has an empty alt attribute; its file name is Calwater.jpg

Here’s a cert petition in a case we’ve been following.

This is a water fight in California, and it asks a fundamental question: is the right to beneficial use of water a property right? The Federal Circuit held no, the federal government possesses that right, not these owners.

Continue Reading New Cert Petition: Are Water Rights “Property?”