Florida, like a lot of other jurisdictions, has an unclaimed property program whereby if an owner is deemed to have abandoned property (remember that old bank account you had in college years ago with a $2.50 balance?), the holder of that property may transfer it to the State, which keeps it until you come get
New Article: “Daunting Odds: Regulatory Takings Claims in The United States Circuit Courts of Appeals,” 94 Miss. L. J. 637 (2025)
You know the claim: even after the federal courts opened back up to regulatory takings claims, winning a case is still pretty difficult.
Yes, that may be by design: maybe it’s not supposed to be easy to get in the way of the regulatory state and prevail on a claim that a government action
CA11: 25-Year-Old Takings Case Isn’t Ripe
In 1996 (you remember 1996, don’t you?), Corey purchased a vacant parcel, adjacent to a busy crossroads, and thus an ideal location for a truck stop. Problem was that the zoning was C-2, which didn’t permit truck stops (although it did allow gas stations and convenience stores).
So began a 25+ year odyssey
Happy 97th Birthday, Nectow v. City of Cambridge!
It was on this day in 1928 when the U.S. Supreme Court issued its second most famous decision about zoning, Nectow v. City of Cambridge., 277 U.S. 183 (1928).
We say “second” because everyone knows that the first is the Court’s decision issued just two years earlier which generally upheld comprehensive use, height, and
New Book: “Natural Property Rights” (Eric Claeys)
The long-awaited book from lawprof Eric Claeys, “Natural Property Rights” (Cambridge Press 2025) has dropped.
More, after we’ve had a chance to read it.
Now mind you, in the hardcover edition the thing ain’t exactly cheap (£100 GBP from Cambridge, or $130 from Amazon). But frankly, for an academic
CA2: The Harm In Home Equity Theft Takings Is Government’s Retention Of Surplus Equity
A brief, but important, decision from the U.S. Court of Appeals for the Second Circuit.
In Sikorsky v. City of Newbergh, No. 23-1171 (May 2, 2025), the court held that the plaintiff adequately pleaded a regulatory takings claim which was based on Tyler v. Hennepin County, where the U.S. Supreme Court held that
ALI-CLE Webinar: Tax Consequences Of Eminent Domain (May 13, 2025)
Want to learn of some of the options available to property owners whose land is taken by eminent domain (or, even more sadly, destroyed by a disaster)?
Then you should sign up for next week’s ALI-CLE webinar, “1033 Exchanges: Advanced Strategies for Optimal Tax Deferral.”
Here’s a description of the program:
When property
It’s The Vibe: Taking Of Condemnee’s Property To Replace Property Taken From Condemnee Is A Public Use
We had to read the facts of the Tennessee Court of Appeals’ opinion in City of Pigeon Forge v. RLR Investments, LLC, No. E2023-01802-COA-R3-DV (Apr. 20, 2025) a couple of times over, just to make sure we were understanding what was going on. But the effort was worth it, just because of the unusual
Friends Without Special Benefits: Direct Access To Interstate Is General Benefit
Partial taking for highway project. You know what that means: severance damages. And you also know that often means a “general or special” benefits fight over how the remainder parcel may have been improved by the project, and whether these benefits can reduce the severance owed.
Before-the-project condition: undeveloped land on a frontage road with
SCOTUS Hat Trick? Houseboat Guy Returns For Shot At Lucas Ripeness
Here’s the latest in a case we’ve been following.
This is Fane Lozman. You know his name. Yes, the guy who has taken on the City of Riviera Beach, Florida twice at the Supreme Court, and is now coming back for a third shot on goal. Houseboat guy. Public hearing gadfly guy