Wednesday Round-Up: Houseboat Redux, Backtracking Post-Kelo, Arkansas Game Remand, Big Gulps

Here’s what’s on our reading list today:

• Here’s the latest chapter in the saga of one Fane Lozman, whose titling at windmills got some Supreme Court love recently when the Court held that his floating home was not a “vessel” under admiralty law, and a Florida city was wrong to seize it. My Damon Key colleague Mark Murakami reports on the 11th Circuit’s recent ruling in Lozman’s related federalcivil rights case. Houseboat Redux – Eleventh Circuit Reinstates Lawsuit (via Hawaiioceanlaw.com). 

• Arkansas Game & Fish did not overturn the well-settled physical takings test – from PLF’s Liberty Blog, Brian Hodges writes about the amici brief that PLF and others filed yesterday in the Federal Circuit.

• Ilya Shapiro at Cato writes about the same issue in U.S. Can’t Use Supreme Court’s Property Rights Ruling to Rewrite Takings Law (via Cato at Liberty blog). 

• Lawprof Ilya Somin writes that Alabama Undermines its Post-Kelo Eminent Domain Reform Law at Volokh Conspiracy. 

• Let Them Drink Big Sodas from Dean James Huffman (via Defining Ideas – Hoover Institution).

• One more from PLF: Yes, the Due Process Clause covers property owners, by Daniel Himebaugh, pointing out that the “property” being deprived when a local government denies a development permit is not the “new property” right to the permit process, but the “old property” right to use and develop land.