- Eminent Domain and Property Rights (W&M is one of the few law schools
Registration Open: 22d Brigham-Kanner Property Rights Conference, Oct. 23-24, 2025, Williamsburg
That’s right, it’s time to plan on joining us at the 22d edition of the best one-day property law conference, William and Mary Law School‘s Brigham-Kanner Property Rights Conference.
As we noted, Professor William Fischel will be awarded the 2025 Brigham-Kanner Property Rights Prize at the annual Wren Building candlelight ceremony in Williamsburg
CA5: The Border Wall Isn’t A “Fixture”
An interesting and timely decision from the U.S. Court of Appeals for the Fifth Circuit.
In United States v. Bennett, No. 23-40680 (July 24, 2025), way back in the day Hidalgo County, Texas, acquired an easement over her land to construct and maintain a flood-control levee, with the County soon thereafter assigning its rights
Property Rights Pilgrimage: The Kelo Property And House, Twenty Years On
Over there is where the “little pink house” was.
July 26, 2025.
Regular readers know that from time to time, we make what we call property or takings pilgrimages to the sites of famous cases. Inter alia: Kaiser Aetna, Nollan, Dolan, Loretto, Penn Central, Hadacheck, the High Line
“There’s no doubt about it – The Castle is the best Aussie movie of all time”
Readers of this blog are surely familiar with the soft spot we have in our heart for the Australian film, “The Castle.”
We described it as “Kelo Down Under,” noting that despite its comic spin, the film accurately portrays why owners of property object to eminent domain (in Australia, “compulsory
Still Time To Register: 2025 Texas Eminent Domain Conference (Houston), August 14-15, 2025
The Doohickeys – Eminent Domain Country & Western
Say hello to the country music duo The Doohickeys. They have a great sound (both country and western). Check ’em out!
With such songs as “All Hat, No Cattle” (the title track of their latest album), “I Wish My Truck Was Bigger,” “This Town Sucks,” “
Oregon App: Not All Precondemnation Entries Are Takings – It’s Gotta Be “Substantial”
Here’s the latest in a case we’ve been following.
In Idaho Power Co. v. Bean, No. 23CV12213 (July 9, 2025), the Oregon Court of Appeals reversed a trial court ruling which held that Oregon’s precondemnation entry statute, which requires “reasonable compensation” for physical damage or substantial interference with the owner’s possession or
New “Is That Even Legal” Pocast Ep: “This Land Is Your Land…Till It’s Not” (Clint Schumacher)
The latest episode of the “Is That Even Legal?” podcast features a familiar voice, that of former Eminent Domain Podcast host, Clint Schumacher who joins host Bob Sewell as a guest to discuss takings by eminent domain, and by overregulation.
Clint joins the ITEL Podcast to discuss a situation that has been in
Forthcoming Article: Maureen Brady, “Debates Over ‘Public Use’ in the State Constitutional Conventions,” Yale J. Regulation
Be sure to check out the latest scholarship from lawprof Molly Brady, which sheds new light on the public use question in eminent domain, “Debates Over ‘Public Use’ in the State Constitutional Conventions,” forthcoming from the Yale Journal of Regulation.
Here’s the Abstract:
Historians and legal scholars alike have previously noted that the