Photo of Robert H. Thomas

Robert H. Thomas

For you original MTV folks

Here’s the latest in a case we’ve been following for a while (even since before the last time it went up to the Court). See this post (“The Chicago Way: City Taking Non-Blighted Property For Economic Development Was Not Pretextual Because…Studies“) and this one (“Illinois App: We

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Prof. Butler’s portrait at the entrance
to the Dean’s suite.

Here’s the full text of the William and Mary Board of Visitors’ resolution commemorating the retirement of our friend and colleague, land use and property scholar Professor Lynda Butler and her change in status to Chancellor Professor of Law, Emerita.

Many of you know

It’s Monday, so we’re just going to ease into the week by (inter alia) reading a couple of law review articles:

  • Federal Courts and Takings Litigation, by Prof. Ann Woolhandler & Prof. Julia D. Mahoney: “While Knick clearly expands the lower federal court role in takings claims, many questions remain, for it

How about buying what you thought was a retirement home, only to be told that if you want the local government’s ok change the form of ownership of the property you’ve got to offer any tenant a lifetime lease? Here’s the cert petition, filed today in a case we’ve been following for a while,

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When we think “New Mexico,” we imagine scenes like this. Endless sky, seemingly infinite open roads, high desert … you know, “the West.”

But after reading the New Mexico Supreme Court’s opinion in City of Albuquerque v. SMP Properties, LLC, No. S-1-SC-37343 (Feb. 25, 2021), we’re going to think “inverse condemnation.” (Yeah, that may

We’ve been meaning to post this one, a short per curiam opinion from the Ohio Supreme Court, for some time. Not because it deals with earth-shattering substantive eminent domain issues, but because it highlights a somewhat niche, but pretty important, procedural issue. 

Say an owner challenges the take, either by way of a public use

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We were hoping for better news in a case we’ve been following in its various forms for what seems like forever. But today, the U.S. Supreme Court in this order declined to issue a writ of certiorari to review the Ninth Circuit’s decision in Bridge Aina Lea, LLC v. Hawaii Land Use Comm’n, No.

We all know that Knick v. Township of Scott, 139 S. Ct. 2162 (2019) only knocked out the “state action” prong of the two-part Williamson County takings ripeness requirement. You may not need to pursue and lose compensation via state procedures to ripen a takings claims, but still active is the “final decision” requirement

The situation in Hamen v. Hamlin County, No. 28671 (Feb. 10, 2021), a recent opinion by the South Dakota Supreme Court seems pretty bad, but a road we’ve gone down before. Believing that a suspect was inside, the local SWAT team (along with the county Special Response Team — drone and two armored vehicles