The setup in Article 13 LLC v. New York Attorney General, No. 23-7247 (May 13, 2026) is very “Second Circuity,” and is bit convoluted, so hang on while we get through it. But we shall start with the U.S. Court of Appeals for the Second Circuit’s conclusion that a New York statute known as the Foreclosure Abuse Prevention Act did not result in a taking because the challenger does not have a property interest in “collaterally challeng[ing] the invalidity of a prior foreclosure action years after the limitations period expired[.]” Slip op. at 25. And even if that were a property right, this was not a Penn Central taking because any “negative economic impact … was the result of [the challenger]’s own inaction.” Id.
Continue Reading You Snooze You Lose In The Second Circuit: No Property Interest In Challenging A Statute When You Let The Statute Of Limitations Expire
Brigham-Kanner Property Rights Journal Vol. 14 Now Available
Check it out, the latest volume of the Brigham-Kanner Property Rights Journal is now available, both in print for those who subscribe, and online for those who prefer the pdf versions. The pieces include something property rights for everyone: academic property, Supreme Court property practice, Contracts Clause, Zoning and Land Use, and Fourth Amendment.
Continue Reading Brigham-Kanner Property Rights Journal Vol. 14 Now Available
New Cert Petition – Time To Resolve Contract Clause Circuit Split: Can You Raise A Claim Via Section 1983?
Here’s the cert petition which we filed recently. We won’t be saying much about this one because it is one of ours.
But here’s the Question Presented, which pretty much says it all:
The City of Lathrup Village, Michigan, prohibits leasing commercial property without a license. But the City will not issue a license unless
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
New Cert Petition: To Assert A Contracts Clause Claim, Must You Predict Futurelaw?
Here’s a recently-filed cert petition raising questions in a challenge to Los Angeles’ County’s imposition of ban on commercial evictions during Co-19. A lot of other jurisdictions around the country imposed eviction restrictions or prohibitions on residential properties, but LA County stood alone in restricting commercial evictions.
This one asks whether a party is categorically