- Eminent Domain and Property Rights (W&M is one of the few law schools
Sheetz On Remand: “The legislatively formulated generally applicable impact fee is not an unconstitutional condition imposed on land use in violation of the Fifth Amendment’s takings clause.”
The room where it happened.
We’re not going to say much about the California Court of Appeal’s recent decision in Sheetz v. County of El Dorado, No. C093682 (July 29, 2025), which is back in the California court system after remand from the U.S. Supreme Court, because it is one of ours.
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
Houston Says ‘Welcome!’ – What Happens When Another City Has No Zoning?
This interesting — and kind of funny — story has been circulating: “Judge’s ruling means Charlottesville has no zoning laws whatsoever right now.”
What happened? Is the counter-Euclid revolution underway? Did the judge rediscover Nectow? Did Charlottesville voters decide to go Full Houston?
No, nothing quite as dramatic. The story
Michigan: Gov’t Can’t Avoid A Rafaeli Taking Just By Having A Proxy Do It
Here’s the latest in an issue we’ve been following for a long time.
In Jackson v. Southfield Neighborhood Revitalization Initiative, No. 166320 (July 16, 2025), the Michigan Supreme Court re-confirmed its ruling in Rafaeli v. Oakland County, that the government “keeping the change” after liquidating property to satisfy a delinquent tax debt
Tex App: Challengers Likely To Succeed On Due Course Of Law Claim For Short-Term Rental Ban
In City of Dallas v. Dallas Short-Term Rental Alliance, No. 05-23-01309-CV (July 18, 2025), the Texas Court of Appeals affirmed a preliminary injunction, suspending operation of two ordinances which (1) restrict, and (2) require registration of short-term rentals in Dallas.
It’s a short opinion and up on appeal from interlocutory emergency relief, so there
Call For Papers: “Euclid Turns 100: Rethinking an Antiquated Case and Reimagining Zoning for the Century Ahead”
With the 100th anniversary of Village of Euclid v. Ambler Realty Co. nearly upon us in 2026, we’ve put together a series of events designed to reexamine the case that set the stage for a century’s-worth of intense land use regulations and restrictions.
Are Euclid‘s assumptions and conclusions still valid? If the
One City, Many Votes: Cal App OK’s Municipal Sleight-of-Law To Permit City To Impose Fees… On Itself (And Others)
The above is the image Skynet returned when we
asked for a graphic for this post
The California Court of Appeal’s recent opinion in Dessins LLC v. City of Sacramento, No. C100644 (July 9, 2025) doesn’t deal with eminent domain or takings, but is about municipal fees and the way California requires these things
NY: In A Housing “Emergency,” City Can Retroactively Lower The Rent, Even Rent Collected Before The Emergency
Here’s the latest in a case we’ve been following.
In Hudson Valley Property Owners Ass’n v. City of Kingston, No. 59 (June 18, 2025), the New York Court of Appeals held that after a municipality declares a housing emergency allowing it to regulate the amount of rent, it has the power to order
NJ App: Takings Claim Accrues When Govt Keeps Property It Should Return To The Owner
Take a look at the New Jersey Appellate Division’s opinion in Johnson v. City of East Orange, No. A-2586-23 (June 27, 2025).
The court vacated the dismissal of a property owner’s takings claim, holding that it was timely. We aren’t going into too much detail because this one is out of our shop. As