If you know, you know.
Sad birthday wishes to what just might be our most un-favorite decision ever, Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978), which turns 46 today. This in addition to the unhappy Kelo-versary earlier this week. A takings and regulatory takings one-two punch!
Time
In this order, the U.S. District Court for the Northern District of Illinois temporarily enjoined enforcement of Chicago suburb Glen Ellyn‘s prohibition on renting property for less than 30 days.
Blakelick owns a five-bedroom single family home that when purchased was not located in Glen Ellyn. Since 2022, it has been offering the
In Brady v. City of Myrtle Beach, No. 23-1847 (May 16, 2025), the U.S. Court of Appeals for the Fourth Circuit made short work of the takings claims brought by several business owners who claimed the city directly or indirectly shut them down because their businesses contributed to a rise in crime in the
You know the claim: even after the federal courts opened back up to regulatory takings claims, winning a case is still pretty difficult.
Yes, that may be by design: maybe it’s not supposed to be easy to get in the way of the regulatory state and prevail on a claim that a government action
The question in today’s case is an old one: can you own wild animals?
In Texas Parks & Wildlife Dep’t v. RW Trophy Ranch, Ltd., No. 15-24-00112-CV (Apr. 10, 2025), the Texas Court of Appeals said no. At least not when that wild animal is a white-tailed deer.
Here are the facts.
These days, when we have cases where there’s tinkering with the terms of rental agreements, we most often see local governments using their police power to force property owners to rent their properties on a long-term (more than 30 days) basis.
But in Bigelow Arizona TX-344, LP v. Town of Addison, No. 05-23-00642-CV (Apr.
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
Our Pacific Legal Foundation colleague Ethan Blevins has published the lead article in the latest edition of the Wake Forest Journal of Law and Policy, and it is on a subject that makes it a must-read for you takings mavens.
The title says it all: “Penn Central in the States.” How do
Register now and plan on joining us on Thursday, February 27, 2025 at the U.C. Berkeley Law School for a one-day conference: “Property Rights and the Roberts Court: 2005-2025.”
Here’s the agenda. Here’s a description of the program:
For much of the past century, property rights were relegated to second-class status compared
Two — count ’em two! — cert petitions from our shop, filed today. Both call for “clarifying or overruling” Penn Central.
Oh, have I got your attention now?