The view from the podium
That’s right. More than 300 of the nation’s best eminent domain lawyers, judges, appraisers, right-of-way agents, scholars, and other industry professionals are in Savannah for the next two and a half days for what is now known as the American Law Institute (“ALI” alone, no longer with the “-CLE” addition)
We’re deep in the throes of winter, and spring training won’t start for another month, but for those of you who are fans of the National Pastime — particularly if you are like us and a child of 1970’s baseball — then be sure to check out the U.S. Court of Appeals for the First Circuit’s recent opinion in Clemente Properties, Inc. v. Pierluisi-Urrutia, No. 23-1922 (Jan. 16, 2026).
Continue Reading CA1: Government’s Use Of Roberto Clemente Trademark Isn’t A Categorical Physical Invasion Taking
Each year, the Texas A & M Journal of Property Law publishes a symposium on some aspect of dirt law.
This year, the subject is “Day Zero: How Cities Run Out of Water.”
Here’s the program description:
This symposium is centered around Professor Rhett Larson’s (Arizona State University) forthcoming book, Day Zero:
We were all set to offer our deep thoughts about the recently-published opinion of the California Court of Appeal in Mendocino Railway v. Meyer, No. A168497 (Jam. 7, 2026), which held that the Skunk Train (a “train to nowhere” that carries tourists up in California’s redwood country) is a “common carrier” with the power
Here’s the latest in a case we’ve been following closely. (We won’t be commenting much, because it is one of ours.)
In The Coalition for Fairness in Soho and Noho, Inc. v. City of New York, No. 112 (Jan. 13, 2026), the New York Court of Appeals (dun-dun) held that
New York City
In an earlier post (“CAFED: Like We Said Before, “Inevitably Recurring” Flooding Is A Taking“), we covered the U.S. Court of Appeals for the Federal Circuit’s recent opinion in Alban v. United States, No. 23-1363 (Dec. 22, 2025), which held that the failure of the Corps of Engineers to properly operate two
A reminder: there’s still time to join us for the upcoming American Law Institute-CLE Eminent Domain & Land Valuation Litigation Conference in Savannah.
Now in its 43rd year, this flagship gathering remains the undisputed national hub for practitioners, academics, appraisers, and anyone else who lives and breathes property and eminent domain law. We will
You know the deal: property owner is sued by government to condemn her land. The owner believes that action doesn’t cover all of the property or interests that the government is actually taking. What to do next? Counterclaim in the eminent domain action, or separate inverse case?
There’s no one answer, and different jurisdictions have
No better way to start 2026 than to check out the Yale Journal of Regulation‘s (the self-labeled “Nation’s Top-Ranked Administrative and Corporate Law Journal”), for its symposium on the twentieth anniversary of the Kelo case.
Featuring authors who readers of this blog will recognize (all the big names), the symposium features articles you
Here’s the latest in an issue we’ve been following.
In Alban v. United States, No. 23-1363 (Dec. 22, 2025), the U.S. Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims’s judgment concluding that the failure of the Corps of Engineers to properly operate two dams, which resulted in upstream