Photo of Robert H. Thomas

Robert H. Thomas

Kelo site Ft Trumbull
Over there is where the “little pink house” was.
July 26, 2025.

Regular readers know that from time to time, we make what we call property or takings pilgrimages to the sites of famous cases. Inter alia: Kaiser Aetna, Nollan, Dolan, Loretto, Penn Central, Hadacheck, the High Line

Today we have a guest post by New York colleague Jennifer Polovetsky, who writes about an age-old question: what are “special benefits” that accrue to the remainder in a partial taking, and can these benefits be offset against just compensation or severance damages?  

Thanks to Jennifer (and to the New York Law Journal) for

Catastrophe

Check this out, a new student note published in the latest edition of the William and Mary Environmental and Policy Review, J. Cameron Niemeyer, Stopping a Cat-tastrophe: States Must Develop Stricter Management Regimes for Controlling Feral Cat Populations, 49 Wm. & Mary Env’t L. & Pol’y Rev. 739 (2025). 

Download the pdf here

Readers of this blog are surely familiar with the soft spot we have in our heart for the Australian film, “The Castle.”

We described it as “Kelo Down Under,” noting that despite its comic spin, the film accurately portrays why owners of property object to eminent domain (in Australia, “compulsory

TexasEmDomain2025Houston

MC: Texas is so big…

Audience: How big is it

MC: Texas is so big it needs two statewide eminent domain conferences!

That’s right, in addition to the Texas Eminent Domain Conference in Austin, there’s another one in Houston. We’ve attended both in the past, and can speak from experience that they

Charlottesvillezoning

This interesting — and kind of funny — story has been circulating: “Judge’s ruling means Charlottesville has no zoning laws whatsoever right now.” 

What happened? Is the counter-Euclid revolution underway? Did the judge rediscover Nectow? Did Charlottesville voters decide to go Full Houston

No, nothing quite as dramatic. The story

Here’s the latest in an issue we’ve been following for a long time.

In Jackson v. Southfield Neighborhood Revitalization Initiative, No. 166320 (July 16, 2025), the Michigan Supreme Court re-confirmed its ruling in Rafaeli v. Oakland County, that the government “keeping the change” after liquidating property to satisfy a delinquent tax debt

In City of Dallas v. Dallas Short-Term Rental Alliance, No. 05-23-01309-CV (July 18, 2025), the Texas Court of Appeals affirmed a preliminary injunction, suspending operation of two ordinances which (1) restrict, and (2) require registration of short-term rentals in Dallas.

It’s a short opinion and up on appeal from interlocutory emergency relief, so there

Euclidsymposium

With the 100th anniversary of Village of Euclid v. Ambler Realty Co. nearly upon us in 2026, we’ve put together a series of events designed to reexamine the case that set the stage for a century’s-worth of intense land use regulations and restrictions.

Are Euclid‘s assumptions and conclusions still valid? If the