Thank you to the editors over at The Practical Real Estate Lawyer for publishing my missive on Cedar Point Nursery v. Hassid, the U.S. Supreme Court’s recent blockbuster regulatory takings decision (and for letting me post a copy of the article here so it is available even if you are not a PREL subscriber).
Appellate law
2022 ALI-CLE Eminent Domain And Land Valuation Litigation Conference, Scottsdale: You Should Have Been There!
After a two-year absence in which we went remote, in the last week of last month (our usual spot on the calendar, between the playoffs and Super Bowl), we once again met in-person for the American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference.
Approximately 200 lawyers, judges, legal scholars, appraisers, law students…
New Like A Boss Cert Petition: Govt Took The Hamilton Letter It Claims Was Stolen

we tried to come up with a “Hamilton” reference
but have not seen the show
The Crane family has, for decades, had in their possession — if not their outright ownership — the “Hamilton Letter,” which Alex wrote to no less than the Marquis de Lafayette 1780.
Ownership, however, seems to be disputed…
Texas AG: Saying You’re Working On The Railroad Isn’t Enough To Actually Be Operating A Railroad, Bullet Train
Here’s the State of Texas’s amicus brief in support of the property owners in the case now pending in the Texas Supreme Court about whether the developer of the proposed Dallas-Houston “bullet train” may exercise the delegated power of eminent domain as a “railroad company” or an “interurban electric railway company” as those terms are …
New Cert Petition: Rooker-Feldman Does Not Apply To Interlocutory State Court Orders
The latest in a case we’ve been following, and this one is a double nerd whammy. The cert petition in RLR Investments, LLC v. City of Pigeon Forge, No. 21-703 (Nov. 15, 2021), seeks review of a Sixth Circuit decision in a takings case where the issue on appeal is whether the Rooker-Feldman…
Digging A Hole Podcast Takes On Cedar Point Nursery…And Isocracy
Check it out: the “Digging a Hole” Podcast includes in one of its recent episodes a discussion of SCOTUS’s latest takings case, Cedar Point Nursery v. Hassid.
Our final guest for Season 3 is Nikolas Bowie, assistant professor of law at Harvard Law School and board member of the ACLU of Massachusetts, Lawyers for…
Hawaii Supreme Court Guts-And-Replaces The Legislature’s “Gut-And-Replace” Switcheroo
Here’s one that has been on our radar for a while (we filed our amicus brief nearly two years ago). So long ago that it was the final case that remained on our docket from our time in private practice. It’s not even about takings (but we’re posting it anyway as one of those …
Links And Materials From Today’s Land Use Institute Takings/Eminent Domain Session
LUI Co-Chair Prof. Frank Schnidman introducing the faculty
Here are the links to the cases and issues that we just finished speaking about at the 35th Annual Land Use Institute (more information on the LUI here). Today was day 1 of a multi-day remote program and the sessions are available ala carte, so there’s still…
New Cert Petition: The Self-Executing Fifth Amendment Abrogates 11th Amendment Immunity
Here’s the latest in a case we’ve been following (one in which we guessed from the beginning was headed where it is today).
The Zitos claim that their property was taken without compensation. They sued for compensation in federal court. Knick tells us that this is okay, right? Well, the problem for the Zitos is…
The Buried Takings Lede In NYT Op-Ed That SCOTUS “Has Gone Off the Rails”
We don’t read the New York Times all that much these days, but we couldn’t resist commenting on the recent op-ed authored by a former federal government lawyer that takes issue with recent decisions by the U.S. Supreme Court, “The Supreme Court Has Gone Off the Rails” (Oct. 4, 2021).
On one hand…



