You know the deal: property owner is sued by government to condemn her land. The owner believes that action doesn’t cover all of the property or interests that the government is actually taking. What to do next? Counterclaim in the eminent domain action, or separate inverse case?
There’s no one answer, and different jurisdictions have
In State ex rel. Boggs v. City of Cleveland, No. 2025-Ohio-5094 (Nov. 13, 2025), the Ohio Supreme Court held that the City of Cleveland could be liable for inversely condemning land, even though that land is not in the City of Cleveland.
The city claimed that in order to be liable for inverse condemnation
As we wrap up another year, it’s time to look ahead to the one event that always gets our eminent domain blood pumping: the annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference. Details, including faculty list, a complete agenda, and registration information is posted here.
Now in its 43rd year, this flagship gathering
Here’s the latest in a case we’ve been following which presents an important issue. So much so that we filed an amicus brief in support of the property owner.
In Town of Apex v. Rubin, No. 206PAA21 (Aug. 22, 2025), the North Carolina Supreme Court held that if a taking is determined to be
As you already know, registration is also underway for the 22d Brigham-Kanner Property Rights Conference, October 23-24, 2025, at the William and Mary Law School in Williamsburg, Virginia.
The Conference is expressly designed to get legal academics and the nation’s best dirt law practitioners in the same room, discussing how legal scholarship and law
Last year, we attended a conference devoted to the future of regulatory takings, hosted by the Antonin Scalia School of Law (George Mason U), and Pacific Legal Foundation.
The publisher, the Journal of Law, Economics, and Policy has released the articles and essays from that conference, and made them available here.
Here’s the
“The Irrigation District will disavow any knowledge of your actions…”
In Hamann v. Heart Mountain Irrigation District, No. S-24-0234 (July 11, 2025), the Wyoming Supreme Court unanimously held that a state agency cannot avoid its obligation to provide just compensation when its employee causes a taking or damaging of private property, merely because the
Here’s the latest in a case we’ve been following closely (and disclosure: our firm filed an amicus brief in the Texas Supreme Court).
First, the bottom line: in The Commons at Lake Houston, Ltd. v. City of Houston, No. 23-0474 (Mar. 21, 2025), the Texas Supreme Court held that merely because a regulation
Texans: now is a good time to register for the 24th Annual Texas Eminent Domain Superconference, March 27-28, 2025, at the Austin Country Club in Austin.
We spoke at the Conference a couple of years agolast year and in other editions, and can report that it is excellent. Check out the faculty and agenda
A short one from the California Court of Appeal, Shehyn v. County of Ventura Public Works Agency, No. B337452 (Feb. 20, 2025).
Bottom line: the court reversed the trial court’s demurrer, which had dismissed a flood inverse claim. Good news, the owner gets to press its claim.
The plaintiff here is the owner of