Photo of Robert H. Thomas

Robert H. Thomas

Screenshot 2024-11-20 at 09-16-50 Lake Worth Lagoon - Google Maps
Lake Worth: the “lago” in Mar-a-Lago

You know his name. He’s taken on the City of Riviera Beach twice at the U.S. Supreme Court. And won both times. The houseboat that isn’t a boat. The government can’t shut you out from speaking your mind simply because you irritate them.

That’s right, it’s Fane

We usually don’t cover unpublished opinions, but the New Jersey Appellate Division’s reasoning in Hudson County Improvement Authority v. Mariana Properties, Inc., No. A-2686-22 (Oct. 29, 2024) stuck in our craw a bit. 

This is an eminent domain case in which the Authority is taking an easement and intends to construct one of

2025 San Diego

Get ready to join your colleagues and friends in San Diego for the 42d ALI-CLE Eminent Domain & Land Valuation Litigation Conference.

The 41st Conference was in New Orleans. Here’s a report of that event, and here are our reports from prior conferences in Austin and Scottsdale.

Here are some of the

We’re not going to pretend to fully understand the Supreme Court of India’s recent decision in Property Owners Ass’n v. State of Maharashtra, No. 2012-2022 (Nov. 4, 2024) for obvious reasons (plus, the judgement and various opinions and dissents total 193 pages).

But we post it here because we think it gives some insight

Here are the cases and other materials we discussed in today’s Section of State & Local Government Law Land Use group meeting on takings:

Untitled Extract Pages

Here’s the latest in a case we’ve been following. This morning, in this Order, the Supreme Court denied cert in two cases which seemed to have a good chance at a grant, on two pressing issues which have divided lower courts, the physical occupation in tenancies (aka Yee), and the nature of the

PXL_20241111_181016079.MP

Today’s must-read, a (very) recent article by our Pacific Legal Foundation colleague John Groen, published in the Touro Law Review, “Takings, Original Meaning, and Applying Property Law Principles to Fix Penn Central.”

Get the pdf here.

With a title like that, who could resist? Here’s the Abstract:

Justice Clarence Thomas, dissenting

Screenshot 2024-11-08 at 07-19-21 Track Appeals NJ Courts

Here’s the latest in a case we’ve been following. The New Jersey Supreme Court has agreed to review the Appellate Division’s decision in Englewood Hospital & Medical Center v. New Jersey

That’s the case where several hospitals challenged a New Jersey statute which requires hospitals to take all patients regardless of their ability