As July gets underway, here’s what we’re reading.
Continue Reading Wednesday Round-Up
We’re Going To Find Out Whether Attorneys Fees Are Part Of Just Compensation In Natural Gas Act Takings
This just in: the U.S. Supreme Court has agreed to review a case from North Dakota (brought by our colleagues Derrick Braaten and the good folks at the Institute for Justice), asking whether attorneys fees are included in just compensation when a private pipeline takes property by eminent domain by using the federal power of eminent domain delegated in the Natural Gas Act.
Continue Reading We’re Going To Find Out Whether Attorneys Fees Are Part Of Just Compensation In Natural Gas Act Takings
Courthouse Steps: Pung v. Isabella County
Newly released: the Federalist Society’s “Courthouse Steps” series covers Pung v. Isabella County, where the U.S. Supreme Court held that “just compensation” for Tyler takings is usually measured by the surplus after a tax sale and not fair market value of the property, unless the tax sale process is unfair or skewed. Here’s
Pung Round-Up
Here is what we’re reading today, comments and thoughts on yesterday’s U.S. Supreme Court decision in Pung v. Isabella County.
Continue Reading Pung Round-Up
Pung Decided – “Just” Compensation May Not Always Mean Fair Market Value: “The Fifth Amendment protects the … right to surplus proceeds from the tax sale, not compensation for the property’s fair market value.”
This just in: the Supreme Court has decided Pung v. Isabella County, No. 25-95 (June 23, 2026). And the result — that “just compensation” for Tyler takings is usually measured by the surplus over the tax sale and not fair market value of the property, unless the tax sale process is unfair or skewed — isn’t the hoped-for outcome.
Continue Reading Pung Decided – “Just” Compensation May Not Always Mean Fair Market Value: “The Fifth Amendment protects the … right to surplus proceeds from the tax sale, not compensation for the property’s fair market value.”
Eminent Domain: Owner “Lost its case and lost all of its money”
Skynet knows we’re in Milwaukee. So it flashes this story on our screen: remember that eminent domain case our of Milwaukee you participated in 16 years ago? (Skynet is scary and has a long memory.) Yes, we do. A just compensation issue. “Undivided fee” rule nonsense. Oh yes, we remember.
Continue Reading Eminent Domain: Owner “Lost its case and lost all of its money”
New Article: Bob Grace, “Assessing Change in Market Value of Rural Real Property Post-Wildfire in the Great Plains” (Appraisal Journal)
Check out this recently-published article by colleague Robert (Bob) Grace, MAI, “Assessing Change in Market Value of Rural Real Property Post-Wildfire in the Great Plains” in the latest issue of the Appraisal Journal.
Continue Reading New Article: Bob Grace, “Assessing Change in Market Value of Rural Real Property Post-Wildfire in the Great Plains” (Appraisal Journal)
Lighter Moments In Yesterday’s SCOTUS Takings Arguments
Courtrooms are places for serious business. After all, people’s lives, businesses, property, and past and futures are at stake. It’s right that the court, the lawyers, and the public take what goes on there seriously. But judges and lawyers are also human, so it should surprise no one that moments of levity and humor can creep in.
Continue Reading Lighter Moments In Yesterday’s SCOTUS Takings Arguments
Transcript And Audio From Today’s SCOTUS Takings And Excessive Fine Arguments (Pung v. Isabella County)
Here is the transcript of the oral arguments held earlier today in Pung v. Isabella County. [And before we get further, a disclosure: this case is one of ours as the above courthouse steps photo shows.]
Continue Reading Transcript And Audio From Today’s SCOTUS Takings And Excessive Fine Arguments (Pung v. Isabella County)
Register Now For State Eminent Domain Conferences (California, Texas, Virginia)
Here are a three upcoming state-based eminent domain conferences, brought to you by CLE International: California, Texas, and Virginia.
Continue Reading Register Now For State Eminent Domain Conferences (California, Texas, Virginia)