In Bojorquez v. Florida, No. SC2023-0095 (June 5, 2025), the Florida Supreme Court reached a decision that a lot of other courts have reached: taxi licenses are not “private property” and therefore there’s no taking when the government does something to affect the value of those licenses. But this one has some interesting
Should We Make Anything Of The Supreme Court’s Denial Of Four Property Rights Petitions?
Knocking on the Supreme Court’s door
Earlier this week in this Order, the U.S. Supreme Court declined to review four property rights cert petitions (three of which were ours):
- Iten v. County of Los Angeles – whether a Co-19 commercial eviction moratorium impaired the obligation of contracts (the lessor-lessee leases)?
- Gym 24/7 Fitness, LLC
Fed Cir Denies En Banc, Tees Up SCOTUS: Can There Still Be A Taking If Government Acts Illegally? Is Prohibiting Eviction A Physical Taking?
Here’s the latest in a case we’ve been following.
In this Order, the U.S. Court of Appeals for the Federal Circuit denied en banc review of a 2-1 panel opinion which concluded that a complaint challenging the CDC’s Co-10 residential eviction moratorium properly pleaded a physical takings claim even though the Supreme Court
New “Spite Takings” Article: “Misusing Eminent Domain: Pretextual Takings for a Traditional Public Use” (Fordham L. Rev.)
Check out this recently-published student note: Cameron P. Hellerman, Misusing Eminent Domain: Pretextual Takings For A Traditional Public Use, 93 Fordham L. Rev. 2229 (2025).
The article considers the Second Circuit’s decision in Brinkmann v. Town of Southhold, about what we call “spite takings” — those in which the government’s stated public purpose
Ohio App: Reciting The Statutory Definition Is Enough To State A Public Use
In Muskingum County Convention Facilities Auth. v. Barnes Advertising Corp., No. CT2024-0134 (May 22, 2025), the Ohio Court of Appeal upheld the Authority’s taking of two billboard easements where the stated purpose was for a “new facility serving the City of Zanesville and Muskingum County community[.]” Slip op. at 3.
OK, but what
Register Now: 8th Annual Texas Eminent Domain Conference, Houston: August 14-15, 2025
Mark your calendars — or better yet, register now — for the 8th Annual Texas Eminent Domain Conference (Houston), August 14-15, 2025.
We’ve attended in the past, and can report from first-hand experience that it is a great conference, chock-full of the information you need for eminent domain practice in the Lone Star State.
The Final Victim Of Williamson County?
Although the U.S. Court of Appeals for the Eleventh Circuit’s opinion in Warner v. City of Marathon, No. 2024-10901 (May 27, 2025) is unpublished, we’re posting it here because, as the title notes, this one might be the last victim of Williamson County‘s “state procedures” requirement.
As frequent flyers know, between 1985 and
CA8: You Believed The County When It Promised In The Settlement Agreement To Not Take Your Land In The Future? Shame On You!
One of the frustrations of challenging the power to take is … let’s say you win. Yay! You’ve stopped the taking!
So now what? Go back to your life safe in the belief that your property rights are secure? Maybe. If the government has had enough and says “no mas,” your win may
Property Owner Likely To Succeed On Claim That Prohibition Of Short-Term Rentals Is A Penn Central Taking
In this order, the U.S. District Court for the Northern District of Illinois temporarily enjoined enforcement of Chicago suburb Glen Ellyn‘s prohibition on renting property for less than 30 days.
Blakelick owns a five-bedroom single family home that when purchased was not located in Glen Ellyn. Since 2022, it has been offering the
Dirt Law Wednesday: Absent Agreement Otherwise, Empty Space Remaining After Salt Mining Belongs To Surface Owner
The opinion of the Texas Supreme Court in Myers-Woodward, LLC v. Underground Services Markham, LLC, No. 22-0878 (May 16, 20205), doesn’t involve eminent domain, takings, land use, or any of our usual topics.
But we’re posting it here because at bottom, students of these topics must be conversant in plain old property law, what