Eminent Domain | Condemnation

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

TexasEmDomain2025Houston

MC: Texas is so big…

Audience: How big is it

MC: Texas is so big it needs two statewide eminent domain conferences!

That’s right, in addition to the Texas Eminent Domain Conference in Austin, there’s another one in Houston. We’ve attended both in the past, and can speak from experience that they

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

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

Bradyfrontpage

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

It seems very appropriate that we’re posting the Texas Court of Appeals’ decision in Burgess v. City of Wentworth Village, No. 02-24-00252 (June 19, 2025) today, the twentieth anniversary of Kelo v. New London.

Because on the Kelo-versary, we start as the Burgess opinion did: an epigram wherein the court quoted a

A short one from the Virginia Court of Appeals. Very Virginia-specific, but there are lessons here for those of you outside the Old Dominion. 

In City of Virginia Beach v. Mathias, No. 2073-23-1 (June 10, 2025), the court held that when a statute requires the condemnor to do something prior to taking property, the