Property rights

Check out this cert petition filed yesterday. It’s from our shop, so we’re not going to be commenting much. The issue is one that the Supreme Court has expressed an interest in, but the last time it was before the Court a few years ago, the Justices concluded that the issue wasn’t presented as well as it might have been, and decided to wait for the next case. Well, here’s the next case.
Continue Reading New Cert Petition: Do Indian Tribes Have Greater Sovereign Immunity Than Other Governments?

Check it out, an in-progress piece from lawprof Molly Brady, “Property v. Guns: The Level-of-Generality Problem in Wolford.”

This delves into the issue we posted about last week, the Second Amendment and the right to exclude, an issue argued recently before the U.S. Supreme Court.
Continue Reading New Article (Lawprof Molly Brady): “Property v. Guns: The Level-of-Generality Problem in Wolford”

Check out the transcript of the recent Supreme Court oral arguments in Wolford v. Lopez.

That’s the case challenging the Hawaii statute barring individuals from carrying concealed firearms unless the owner of the premises affirmative consents as a violation of the Second Amendment.

Recall that the Supreme Court has already held that you have…

Pictured: PLF’s Steve Davis, getting us started. We’re underway today with the academic symposium “Euclid Turns 100: Rethinking an Antiquated Case and Reimagining Euclidean Zoning for the Century Ahead” at the George Mason Law School. Cosponsored by the law school’s Journal of Law, Economics, and Policy, Mercatus Center, and our outfit Pacific Legal Foundation, the symposium is designed to focus the discussion of housing, zoning, and property rights (hot topics in the headlines), and ask the question: has Euclidean zoning outlived its usefulness? And if so, what, if anything, should replace it?
Continue Reading Symposium: “Euclid Turns 100: Rethinking an Antiquated Case and Reimagining Euclidean Zoning for the Century Ahead”

Check this out, a new complaint, filed this week in a federal court in California.

[We won’t be offering all that much comment on this because it is one of ours.]

This a takings challenge to a California statute which establishes a purported 3,200-foot safety zone around “sensitive receptors” that “prohibits the drilling of new oil and gas wells within 3,200 feet
of “sensitive receptors,” which includes most places where the public works, lives, and plays.” Complaint at 1.
Continue Reading There Will Be Takings: New Complaint Challenging California’s “Sensitive Receptor” Setback Statute

The view from the podium

That’s right. More than 300 of the nation’s best eminent domain lawyers, judges, appraisers, right-of-way agents, scholars, and other industry professionals are in Savannah for the next two and a half days for what is now known as the American Law Institute (“ALI” alone, no longer with the “-CLE” addition)…

No better way to start 2026 than to check out the Yale Journal of Regulation‘s (the self-labeled “Nation’s Top-Ranked Administrative and Corporate Law Journal”), for its symposium on the twentieth anniversary of the Kelo case.

Featuring authors who readers of this blog will recognize (all the big names), the symposium features articles you…

William and Mary Law School’s Property Rights Project has announced that Professor James E. Penner (Kwa Geok Choo Professor of Property Law at the National University of Singapore) will be awarded the 2026 Brigham-Kanner Property Rights Prize.

This is in keeping with the international theme in the 2026 Brigham-Kanner Property Rights Conference, which will…

Here’s the latest in a case we’ve been following (because it is a product of our shop: we represent the property owners/plaintiffs).

In this Order, the Florida Supreme Court declined to exercise jurisdiction to review the Third District Court of Appeals en banc opinion in Shands v. City of Marathon. So that decision…