The latest episode of the “Is That Even Legal?” podcast features a familiar voice, that of former Eminent Domain Podcast host, Clint Schumacher who joins host Bob Sewell as a guest to discuss takings by eminent domain, and by overregulation.
Clint joins the ITEL Podcast to discuss a situation that has been in
A fascinating dirt … err water law (?) decision from the Texas Supreme Court.
We were all set to write up the recent decision in Cactus Water Services, LLC v. COG Operating, LLC, No. 23-0676 (June 27, 2025), when the Texas Agriculture Law Blog beat us to the punch and published a great summary
Be sure to check out the latest scholarship from lawprof Molly Brady, which sheds new light on the public use question in eminent domain, “Debates Over ‘Public Use’ in the State Constitutional Conventions,” forthcoming from the Yale Journal of Regulation.
Here’s the Abstract:
Historians and legal scholars alike have previously noted that the
It’s not quite “Yes Virginia…” but here is our annual Independence Day missive on the legal angle on the Declaration. This may have special significance as the nation is in the process of reexamining many of our assumptions and history. But though the Founders may have been flawed individuals — as we all are — there’s really no question about the ideas they captured, and, thankfully, put down on for posterity.
Continue Reading The Verified Complaint In Equity: The Declaration Of Independence, v.249
Here’s the latest in a case we’ve been following.
In Hudson Valley Property Owners Ass’n v. City of Kingston, No. 59 (June 18, 2025), the New York Court of Appeals held that after a municipality declares a housing emergency allowing it to regulate the amount of rent, it has the power to order
Be sure to read this recently-published piece in the William and Mary Bill of Rights Journal, Mason Miller, “Hunting for Meaningful Boundaries: Virginia’s Dog Retrieval Statute and Defining Per Se Regulatory Takings Under Cedar Point,” 33 Wm. & Mary Bill of Rights J. 1271 (2025).
The article focuses on Virginia’s so-called “right
Yesterday, in this Order in a case we’ve been following, the U.S. Supreme Court declined to consider whether a municipal ordinance which allowed non-paying tenants to remain in the lessor’s property after the agreed-upon termination of a lease (nonpayment of rent) is a physical taking, or merely the regulation of the lessor/lessee relationship under
A short one from the U.S. Court of Appeals for the Sixth Circuit.
In Wenzel v. Federspiel, No. 24-1278 (June 20, 2025), the Sheriff was accused of keeping “fourteen firearms seized in a criminal investigation that ended years ago.” Slip op. at 1. Eventually, the claimed owners of those guns sued, inter alia
Take a look at the New Jersey Appellate Division’s opinion in Johnson v. City of East Orange, No. A-2586-23 (June 27, 2025).
The court vacated the dismissal of a property owner’s takings claim, holding that it was timely. We aren’t going into too much detail because this one is out of our shop. As
If you know, you know.
Sad birthday wishes to what just might be our most un-favorite decision ever, Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978), which turns 46 today. This in addition to the unhappy Kelo-versary earlier this week. A takings and regulatory takings one-two punch!
Time
