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
Check out the U.S. Court of Appeals for the Tenth Circuit’s recent opinion in Knellinger v. Young, No. 23-1018 (Apr. 11, 2025).
It’s worth reading because the court doesn’t fall into the common trap of concluding that although an owner need not exhaust administrative remedies before asserting a takings claim, he nonetheless doesn’t have
Before we go further, a disclosure: this is one of ours.
Here’s the Complaint for Violations of Constitutional and Civil Rights, filed yesterday by the Santoro Family in federal court in Rhode Island. This lawsuit challenges, under the Public Use Clause, a RI town’s eminent domaining the family’s land for the ostensible purpose
What does a property owner do if she believes that the government’s eminent domain lawsuit is abusive? Is the remedy limited to the four corners of the eminent action (i.e., a counterclaim, third-party claim, etc.), or may a landowner institute a separate action which includes a tort claim for abuse of process?
In Indiana Land
We’ve long been fans of the Short Circuit podcast, a production of the Institute for Justice’s Judicial Engagement project. If you are not subscribed, you should be. It’s a great way to keep up on what is going on in the federal courts of appeals (ha, ha, now I get “short circuit”), with keen
Register now and plan on joining us on Thursday, February 27, 2025 at the U.C. Berkeley Law School for a one-day conference: “Property Rights and the Roberts Court: 2005-2025.”
Here’s the agenda. Here’s a description of the program:
For much of the past century, property rights were relegated to second-class status compared
The facts in D.A. Realestate Inv., LLC v. City of Norfolk, No. 23-1863 (Jan. 16, 2025), a recent decision from the U.S. Court of Appeals for the Fourth Circuit, are fairly sympathetic. And the opinion starts off with a tantalizing quote:
In 1761, Massachusetts lawyer James Otis exclaimed “one of the most essential branches
We tend to avoid cases about insurance. Not because they are dull (as you might wrongly imagine). Indeed, there’s more excitement in insurance cases than you’d guess. But insurance law and the insurance regulation field needs a certain level of very niche expertise that we don’t possess. So normally, we would not have given the
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
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
