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The California Court of Appeal’s recent opinion in Dessins LLC v. City of Sacramento, No. C100644 (July 9, 2025) doesn’t deal with eminent domain or takings, but is about municipal fees and the way California requires these things
Last year, we attended a conference devoted to the future of regulatory takings, hosted by the Antonin Scalia School of Law (George Mason U), and Pacific Legal Foundation.
The publisher, the Journal of Law, Economics, and Policy has released the articles and essays from that conference, and made them available here.
Here’s the
Here’s the latest in a case we’ve been following.
In Idaho Power Co. v. Bean, No. 23CV12213 (July 9, 2025), the Oregon Court of Appeals reversed a trial court ruling which held that Oregon’s precondemnation entry statute, which requires “reasonable compensation” for physical damage or substantial interference with the owner’s possession or
“The Irrigation District will disavow any knowledge of your actions…”
In Hamann v. Heart Mountain Irrigation District, No. S-24-0234 (July 11, 2025), the Wyoming Supreme Court unanimously held that a state agency cannot avoid its obligation to provide just compensation when its employee causes a taking or damaging of private property, merely because the
What’s going on in the Sixth Circuit? First, there was this opinion in Howard v. Macomb County, which in our view really missed the Knick vibe and resurrected the overruled Williamson County “state procedures” requirement.
Now there’s a doubling down, OPV Partners, LLC v. City of Lansing, No. 24-2035 (July 9, 2025).
The latest episode of the “Is That Even Legal?” podcast features a familiar voice, that of former Eminent Domain Podcast host, Clint Schumacher who joins host Bob Sewell as a guest to discuss takings by eminent domain, and by overregulation.
Clint joins the ITEL Podcast to discuss a situation that has been in
A fascinating dirt … err water law (?) decision from the Texas Supreme Court.
We were all set to write up the recent decision in Cactus Water Services, LLC v. COG Operating, LLC, No. 23-0676 (June 27, 2025), when the Texas Agriculture Law Blog beat us to the punch and published a great summary
Be sure to check out the latest scholarship from lawprof Molly Brady, which sheds new light on the public use question in eminent domain, “Debates Over ‘Public Use’ in the State Constitutional Conventions,” forthcoming from the Yale Journal of Regulation.
Here’s the Abstract:
Historians and legal scholars alike have previously noted that the
It’s not quite “Yes Virginia…” but here is our annual Independence Day missive on the legal angle on the Declaration. This may have special significance as the nation is in the process of reexamining many of our assumptions and history. But though the Founders may have been flawed individuals — as we all are — there’s really no question about the ideas they captured, and, thankfully, put down on for posterity.
Continue Reading The Verified Complaint In Equity: The Declaration Of Independence, v.249
Here’s the latest in a case we’ve been following.
In Hudson Valley Property Owners Ass’n v. City of Kingston, No. 59 (June 18, 2025), the New York Court of Appeals held that after a municipality declares a housing emergency allowing it to regulate the amount of rent, it has the power to order