Here’s more on an issue we recently covered involving Texas’s “depopulation” of captive white-tailed deer in order to curb Chronic Wasting Disease. In the earlier opinion, the court held that the owner of a deer-breeding facility did not have a property interest in the deer, and thus could not assert a due process
Pennsylvania: “Used Together” In Larger Parcel Statute Means “One Purpose”
There’s a lot of detailed legal analysis in the Pennsylvania Supreme Court (Eastern District)’s opinion in Pignetti v. Pennsylvania, No. J-11A-2024 (Apr. 25, 2025). But in the end it boiled down to a simple concept.
The case was about what property constituted the larger parcel. As the court put it, where “the condemnation of
Cal Supreme Court Reviewing Necessity Challenge To Public Utility Takeover
The California Supreme Court has agreed to review and resolve a lower (California) court split regarding the standard of review a court should apply in challenges to a government taking of a privately-owned public utility.
In Town of Apple Valley v. Apple Valley Ranchos Water, No. E078348M (Feb. 13, 2025), the California Court
New Report: “How to Protect Property Rights from Improperly Assessed Exactions” (Sweetland & Hodges)
Check out the new report by our Pacific Legal Foundation colleagues Kyle Sweetland and Brian Hodges, “How to Protect Property Rights from Improperly Assessed Exactions” (Apr. 2025).
This research in brief shows how exactions grew and increased home construction costs over a 16-year period. It provides a history of exactions, showing how
CA6: The Predeprivation Hearing Required By Due Process Can’t Just Exist On Paper (And An Informal, And Possibly Made-Up Chance To Negotiate Isn’t Enough)
We’ve had this one in our queue for a bit, but it seems now is a good time to lay out the U.S. Court of Appeals for the Sixth Circuit’s opinion in McIntosh v. Madisonville, No. 24-5383 (Jan. 21, 2025). After all, the Due Process Clause seems to be in the news a lot
Who Cares Your “Evidence” Shows This Is Just An Old Part Of Chicago – All That Matters Is The City Says It’s Historic
The key quote from the Illinois Appellate Court’s recent opinion in Robinson v. City of Chicago, No. 1-23-2174 (Mar. 24, 2025), in which a property owner challenged the inclusion of his property in a new Chicago historic preservation district? This seemingly innocuous sentence setting out the standard of review:
The plaintiff acknowledges that his
CA6: Property Owner Needs To Exhaust State Remedies Before Filing Takings Claim
Check out the U.S. Court of Appeals for the Sixth Circuit’s opinion in Howard v. Macomb County, No. 24-1655 (Mar. 28, 2025).
This is one of those post-Tyler cases asking whether the government satisfies the Fifth Amendment after it has taken someone’s home equity by satisfying the owner’s tax debt and then keeping
Deer Me! No Property Interest In Deer, Even If You Possess Them
The question in today’s case is an old one: can you own wild animals?
In Texas Parks & Wildlife Dep’t v. RW Trophy Ranch, Ltd., No. 15-24-00112-CV (Apr. 10, 2025), the Texas Court of Appeals said no. At least not when that wild animal is a white-tailed deer.
Here are the facts.
Today Is Hawaii’s Secular Good Friday Holiday (Go Shopping!) – What’s Up With That?
Even if the world were open today, the doors to most Hawaii state, county, and city offices would still be locked. Because Friday, April 18, 2025 is the day that Hawaii celebrates Good Friday.
Yes, Good Friday is an an official state-sanctioned holiday in the 808 area code, so we’re reposting our annual recounting
New Cert Petition (Michael Berger): Pleading Class-Of-One Equal Protection Claims
Here’s the latest cert petition from the desk of Michael Berger, a property rights case with an equal protection element.
Demarest wanted to subdivide. Not that big a deal, right? Well, apparently it was. The Petition alleges that the Town had a burr under its saddle about the guy for a while, going back