There’s not a lot of new territory forged in the U.S. Court of Appeals for the Ninth Circuit’s opinion in Pena v. City of Los Angeles, No. 24-2422 (Nov. 4, 2025), holding that the city could not be liable for a taking after SWAT officers severely damaged a home in the course of
Savannah Bound: Don’t Miss The 43rd ALI-CLE Eminent Domain & Land Valuation Litigation Conference (Jan. 22-24, 2026)
As we wrap up another year, it’s time to look ahead to the one event that always gets our eminent domain blood pumping: the annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference. Details, including faculty list, a complete agenda, and registration information is posted here.
Now in its 43rd year, this flagship gathering
CA9: No Evidence That Exaction Was Proportional
This is going to be a short post, mostly because the U.S. Court of Appeals for the Ninth Circuit’s opinion in KOGAP Ent., Inc. v. City of Medford, No 24-5268 (Nov. 13, 2025) is itself short.
Before we go further, this disclosure: this is one of ours, and our Pacific Legal Foundation colleague Brian
Landmarking A Landmark: Pennsylvania Coal v. Mahon Getting A Roadside Marker
Remember back when we reported on our 100th Anniversary visit to the property in Pittston, Pennsylvania at the center of the seminal regulatory takings case Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922)?
What we didn’t note was that the visit motivated us to seek approval for the placement of a roadside marker
Free to Choose Podcast: “Eminent Domain”
Check this out: a podcast from Free to Choose Media, entitled “Eminent Domain,” published a couple of months ago.
But the description reveals a time capsule:
Recorded in 2003, Dennis McCuistion, former Clinical Professor of Corporate Governance and Executive Director of the Institute for Excellence in Corporate Governance at the University of Texas
CA10: Can’t Use Declaratory Judgment Before Seeking Tucker Act Compensation
The caption of the U.S. Court of Appeals for the Tenth Circuit’s opinion in Purgatory Recreation I, LLC v. United States, No. 24-1241 (Oct. 21, 2025), and the fact that the plaintiff raised a takings claim, should give you some idea where this is heading.
After all, when the defendant in a takings claim
South Carolina: Restaurant Was Not Taken When County Permitted Another Adjacent Restaurant
When an opinion starts off with “[t]his zoning/inverse condemnation case revolves around the availability of parking…” you kinda know, whatever the issues might be, that the court isn’t likely headed in a good direction for the claimant.
That’s exactly how the Supreme Court of South Carolina began The Gulfstream Cafe, Inc. v. Georgetown County
No Taking When Legislature Revised Statute And Made Hemp That Was Legal … Illegal: No Property Right In Personal, Commercial Property
Is “personal” property (as contrasted with real estate), or property that is used in commercial dealings, not “private property” is protected from uncompensated takings by the Fifth Amendment?
That’s what the U.S. Court of Appeals for the Tenth Circuit appeared to conclude in Green Room LLC v. State of Wyoming, No. 24-853 (Oct. 27
Salus Populi Est Suprema Lex: 2025 Brigham-Kanner Property Rights Conference Report
This past week we were busy with the 22d Brigham-Kanner Property Rights Conference at the William and Mary Law School.
Here’s the text of the remarks which I prepared for the session on “Public Safety, Private Property, and Just Compensation.” Note: because of time, I truncated what I planned on saying and kept
CA2: No Taking When Legislature Consolidated NY Medicaid Middlemen
You’ve all heard the phrase “cut out the middleman” in advertising or crafty dealmaking. Deal directly and realize a savings, or somehow get a better bargain.
To our eyes, it looks like that’s what the New York legislature might have had in mind when it amended its Medicaid statutes to cut out “a