Here’s the latest in a case we’ve been following.
In this Order, the U.S. Court of Appeals for the Federal Circuit denied en banc review of a 2-1 panel opinion which concluded that a complaint challenging the CDC’s Co-10 residential eviction moratorium properly pleaded a physical takings claim even though the Supreme Court
Check out this recently-published student note: Cameron P. Hellerman, Misusing Eminent Domain: Pretextual Takings For A Traditional Public Use, 93 Fordham L. Rev. 2229 (2025).
The article considers the Second Circuit’s decision in Brinkmann v. Town of Southhold, about what we call “spite takings” — those in which the government’s stated public purpose
In Muskingum County Convention Facilities Auth. v. Barnes Advertising Corp., No. CT2024-0134 (May 22, 2025), the Ohio Court of Appeal upheld the Authority’s taking of two billboard easements where the stated purpose was for a “new facility serving the City of Zanesville and Muskingum County community[.]” Slip op. at 3.
OK, but what
Mark your calendars — or better yet, register now — for the 8th Annual Texas Eminent Domain Conference (Houston), August 14-15, 2025.
We’ve attended in the past, and can report from first-hand experience that it is a great conference, chock-full of the information you need for eminent domain practice in the Lone Star State.
Although the U.S. Court of Appeals for the Eleventh Circuit’s opinion in Warner v. City of Marathon, No. 2024-10901 (May 27, 2025) is unpublished, we’re posting it here because, as the title notes, this one might be the last victim of Williamson County‘s “state procedures” requirement.
As frequent flyers know, between 1985 and
One of the frustrations of challenging the power to take is … let’s say you win. Yay! You’ve stopped the taking!
So now what? Go back to your life safe in the belief that your property rights are secure? Maybe. If the government has had enough and says “no mas,” your win may
In this order, the U.S. District Court for the Northern District of Illinois temporarily enjoined enforcement of Chicago suburb Glen Ellyn‘s prohibition on renting property for less than 30 days.
Blakelick owns a five-bedroom single family home that when purchased was not located in Glen Ellyn. Since 2022, it has been offering the
The opinion of the Texas Supreme Court in Myers-Woodward, LLC v. Underground Services Markham, LLC, No. 22-0878 (May 16, 20205), doesn’t involve eminent domain, takings, land use, or any of our usual topics.
But we’re posting it here because at bottom, students of these topics must be conversant in plain old property law, what
Here’s a recently-filed cert petition raising questions in a challenge to Los Angeles’ County’s imposition of ban on commercial evictions during Co-19. A lot of other jurisdictions around the country imposed eviction restrictions or prohibitions on residential properties, but LA County stood alone in restricting commercial evictions.
This one asks whether a party is categorically
Programming note: On the weekend we’ve set aside to remember our nation’s war dead, we thought we’d repost this one, about how Arlington National Cemetery came to be, and how yes, there’s a takings story there.
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You know how we’re always saying that the provisions in the Takings Clause are “self-executing,” that even in