Due process

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Guess where we stopped for coffee this morning?
(A reminder: this case has nothing to do
with the convenience store.)

Note: this is the first of two posts on the recent Supreme Court opinions in Sheetz v. County of El Dorado, the case in which the unanimous Court held that exactions imposed by

Screenshot 2024-03-26 at 09-12-12 Meme Generator - Imgflip

Check this out: lawprof Ilya Somin has posted “Squatters’ Rights Laws Violate the Takings Clause” at Volokh.

His thesis is just as the title suggests, arguing that state statutes that treat trespassers as tenants are government-authorized physical occupations, and thus are takings:

Ideally, state and local governments should make it easy for property

ALI-CLE brochure cover page

When it comes to the longstanding ALI-CLE American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conferences, we’re always ready to go. You know that. But this year’s version — the 41st — was buzzing like no other in recent memory.

Maybe it was the New Orleans venue with its atmo, food, and music for

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If you dream such dreams as this photo, read on.

My law firm, Pacific Legal Foundation, is on the hunt for lawyer to join our Property Rights group (yours truly is the Director of Property Rights Litigation, so you will be working with me and the other takings and con law mavens in our practice).

One week ago today, the U.S. Supreme Court heard oral arguments in Devillier v. Texas.

We wrote up our thoughts in this post, “Rogue States: Today’s Argument In Devillier v. Texas – ‘Aren’t the Courts supposed to do something’ About Violations Of The Constitution?,” and now bring you other reports:

  • Niina H.

Don’t miss out!

We promise: this is the last time we’re going to try to entice you to the upcoming ALI-CLE Eminent Domain & Land Valuation Litigation Conference in New Orleans. We are getting close to capacity, but there is still room. In recent years, we have standing room only in the Conference halls, and

This season of the Institute for Justice‘s podcast series “Bound by Oath” is devoted to property rights. It’s a fascinating series — produced by John Ross, it is more like an audio documentary than a typical podcast — focusing on constitutional issues. And we say this not just because we’ve been a

We’d guess that most people, if asked whether the courts can “do something” when the government acts beyond the authority delegated to it in the Constitution, would respond that “doing something” is exactly what courts are for. 

Bottom Line Up Front

And that is what drives our BLUF on today’s Supreme Court oral arguments in

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If you were looking for deep clarity from the Justices about land use law and whether a legislature imposing monetary conditions on property development always gets the free judicial pass of rational basis review in this morning’s oral arguments in Sheetz v. County of El Dorado, you may not discover a lot of predictive

As 2023 comes to a close, here are a few of the decisions that we wanted to blog about, but didn’t have the time.

  • Bruce v. Ogden City Corp., No. 22-4114 (10th Cir. Dec. 1, 2023): city demolishing a building that was damaged by fire was not a Lucas taking because the owner