We were eagerly anticipating 40th American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference. The 2022 Conference in Scottsdale was one of the first meetings where everyone was back in-person (and was a smashing success), but that conference was early in the game so not everyone could or would attend. But in the past
Due process
An Ordinance Isn’t A Taking Because It’s A Valid Exercise Of Police Power?: What The Heck Is Going On In The Texas Court Of Appeals (First District)?
If your first reaction to the Texas Court of Appeals (First District)’s decision in City of Houston v. The Commons of Lake Houston, Ltd., No. 01-21-00369-DV (Jan. 12, 2023) is scratching your head, then please come join us in bewilderment.
After all, the court held that a takings claim failed because the city…
(Nearly) Last Call: There’s Still Time To Join Us For The 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Feb 1-4, Austin
We really want you there…
One (nearly) last reminder that there’s still time to register for your space at the 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, February 1-4, 2023, in Austin. In the past several years, we have sold out due to the conference room capacity and the conference hotel block.
Federal Court: Seattle Facilitating Downtown Takeover Takings Claim Is Going To Trial

Saturday in the park…I think it was the Fourth of July
Here’s the latest on a case we’ve been following, about the blocking off of a neighborhood in Seattle and making it a no-go zone for those whom the takeoverers wanted to keep out.
Yes, the CHOP/CHAZ case is still a thing. [And before we…
Lucky Friday The Thirteenth: SCOTUS Grants New Takings And Excessive Fines Case
Here at inversecondemnation.com, we were all set to call it a week and take a break from posting until Monday.
But SCOTUS had other ideas.
In this Order issued today, it agreed to review Tyler v. Hennepin County, No. 22-166, a case and an issue we’ve been following closely.
The Questions…
Montana: Owning The Land Is Enough To Plead A Property Interest: Property Means “Rights Inherent In Ownership,” Not Extent Of Govt Discretion
The Supreme Court of Montana’s opinion in Tai Tam, LLC v. Missoula County, No. DA21-0660 (Nov. 15, 2022) starts off like a somewhat typical land use dispute turned into a constitutional fight. The property owner sought subdivision approvals for a 28-acre parcel to allow residential development, and the County denied the applications because “the…
Hawaii 5-80: Land Use Law At The University Of Hawaii
Starting in January, we’ll be teaching the venerated, and oh-so-important Land Use course (Law 580) at the University of Hawaii’s Law School.
We’re at least temporarily stepping into some mighty big slippers (this is Hawaii, so we don’t always wear shoes), as this is the course that our mentor Professor David Callies taught for…
New Cert Petition: There Must Be A Real Emergency Before Commandeerings Are Exempt From Compensation
Here’s the latest in a case we’ve been following.
In this cert petition, business owners on the losing end of a Co-19 shutdown order assert that the Sixth Circuit got it wrong when it concluded that the “overriding public purpose” of the shutdown orders should be given what amounts to dispositive weight under …
Ninth Circuit: Property Owners Don’t Have A Fundamental Right To Use And Occupy Their Own Property
Here’s a short one you might have overlooked because it’s an unpublished memorandum opinion.
In Kagan v. City of Los Angeles, No. 21-55233 (Nov. 10, 2022), a Ninth Circuit panel summarily affirmed the dismissal of property owners’ challenge to a city ordinance prohibiting eviction of “protected status” tenants from a duplex in order to…
SCOTUS Argument Preview: Is The Federal Quiet Title Act’s Statute Of Limitations “Jurisdictional?”
The Federal Quiet Title Act isn’t exactly on the public radar screens. Especially questions about whether the Act’s 12-year statute of limitations is “jurisdictional” or merely a claims processing rule.
Thus, you are not likely to see throngs of protesters on the Supreme Court steps this Wednesday, Nov. 30, 2022 at 10:00 a.m. when the…




