Two years ago, Owners’ Counsel of America endowed a scholarship in the name of its founder, property rights advocate and trial lawyer Toby Prince Brigham (1934-2021). The scholarship is for a second- or third- year law student to attend the annual three-day ALI-CLE Eminent Domain and Land Valuation Litigation Conference (the upcoming Conference will be
Due process
CAFED: Just Because The Govt Seized Property As Evidence Doesn’t Mean It Can Keep It Without Compensation
Here’s the latest in an issue we’ve been following.
Let’s say the government thinks you have committed a crime (or someone else has). To investigate, it seizes property as evidence or potential evidence. But after things wrap up and it no longer needs the property as evidence, the government doesn’t return it to its owner.
CA6: We Haven’t Already Said Individual Govt Officials Can Be Liable For Takings, So They’re Immune
In Sterling Hotels,LLC v. McKay, No. 22-1345 (June 22, 2023) the U.S. Court of Appeals for the Sixth Circuit considered whether a hotel could sue a state elevator inspector who barred the hotel from operating its elevators for reasons the state’s Elevator Safety Board had not approved. As a result, the hotel couldn’t rent…
CA5 Makes Short Work Argument That Asserting A Rational Basis For A Short-Term Rental Ban Is Enough To Secure Pleadings Dismissal Of Arbitrary And Capricious Challenge
In this very short (but apparently published) opinion, the U.S. Court of Appeals held that it was not right to dismiss a claim on the pleadings and that factual development is warranted, even where the complaint alleges that a municipal land use ordinance is arbitrary and capricious, and the city claims it has a…
New Just Comp Cert Petition: Is Due Process Property Just Compensation Property?
A new cert petition to check out. We don’t need to explain it much, because the petition does a good job of it.
Here’s the Question Presented:
New York State redevelopment agency seized, via eminent domain, a large tract of real estate occupied by an existing building in downtown Brooklyn for redevelopment. The building, partially…
Unanimous SCOTUS: “state law cannot be the only source” Of Property Rights, And “traditional property law principles” As Enforced By The Takings Clause Play A Role

We’ll be rendering to unto Caesar, but first we must
decide: classic or creamy?
That was quick: it seems like it was only yesterday — or maybe more accurately, less than a month ago — that we were listening in live to the Supreme Court as it heard arguments in Tyler v. Hennepin County…
No Class: CA6 Rejects Class Certification For Home Equity Theft Takings Case
We’re not going to dwell too much on the U.S. Court of Appeals’ opinion in Fox v. Saginaw County, No. 22-1265 (Apr. 28, 2023), because even though it is a case involving the “home equity theft” takings issue argued at the Supreme Court last week, this one tells us more about civil procedure…
Tyler SCOTUS Takings Argument Round-Up

Our Pacific Legal Foundation Property Rights Litigation Tyler team,
and Counsel of Record Christina Martin (second from right)
Here are your links to the buzz about Tyler v. Hennepin County, No. 22-166, our law firm’s case which argues that Hennepin County’s seizure of Ms. Tyler’s condo and then keeping the excess equity over what…
Today’s Takings SCOTUS Oral Argument Transcript And Recording: Tyler v. Hennepin County

Coffee is for closers.
(Yes, we were up and at the desk at 4 a.m. local time
to listen live. We just needed a direct injection of coffee.)
Here is the transcript, and the audio recording of today’s U.S. Supreme Court arguments in Tyler v. Hennepin County, No. 22-166, our law firm’s case…
More SCOTUS Takings Previews (Argument Tomorrow, 10am ET)
Tomorrow, Wednesday, April 26, 2023, at 10:00 a.m. Eastern Time, the U.S. Supreme Court will be hearing oral arguments in Tyler v. Hennepin County, No. 22-166, our law firm’s case which argues that Hennepin County’s keeping the excess equity in Ms. Tyler’s home over what she owed in property taxes and fees, is…


