Have thoughts about where regulatory takings are (or should be) headed? Here’s your chance to get in on the conversation, and to shape the future of the law. Our outfit, the Pacific Legal Foundation, in cooperation with the Antonin Scalia Law School’s Journal of Law, Economics, and Policy, are calling for papers on “Imagining the
Property rights
Pass A Good Time: Our Report From The 41st ALI-CLE Eminent Domain & Land Valuation Litigation Conference, Feb 1-3, 2024, New Orleans
When it comes to the longstanding ALI-CLE American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conferences, we’re always ready to go. You know that. But this year’s version — the 41st — was buzzing like no other in recent memory.
Maybe it was the New Orleans venue with its atmo, food, and music for…
DC App: $350k Loss In Value Due To Home’s Historic Designation Not A Penn Central Taking
The DC Court of Appeals’ (note: not the U.S. Court of Appeals for the D.C. Circuit) opinion in Gordon v. District of Columbia, No. 20-CV-0568 (Feb. 15, 2024), presents a good cross-section of property rights issues. Not a good outcome on property rights issues, mind you.
If nothing else, be sure to check out…
SCOTUS Denies Review To Remaining Rent Control Takings Petitions: “Important and pressing question” (Just Not In This Case)
Yesterday, the other shoe dropped. In this order the U.S. Supreme Court denied review to a case that we’ve long been following, which challenged aspects of New York’s draconian rent control laws as a taking, 74 Pinehurst v. New York.
We say the “other shoe” because ever since the Court denied review months…
Presentation of the Owners’ Counsel of America Crystal Eagle to Professor Emerita Lynda L. Butler of the William & Mary Law School (Feb. 3, 2024)
[Barista’s note: this is the text of our introduction of William and Mary Law School Professor Lynda L. Butler during the Owners’ Counsel of America presentation of the Crystal Eagle award earlier this month in New Orleans.]
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For over four decades, Professor Lynda Butler of the…
Sad 191st Birthday To You, Barron v. Baltimore (Feb. 16, 1833) – The First SCOTUS Takings Case?
Today’s the day, 191 years ago, when — a mere 5 days after oral arguments — the U.S. Supreme Court issued its (in)famous opinion in Barron ex rel. Tiernan v. Mayor and City Council of Baltimore, 32 U.S. 243 (1833).
Generations of law students study this one in their Con Law classes, and it …
New Article: Missed Opportunities in State Takings Challenges to Pandemic-Era Restrictions (Brennan Center’s State Court Report)
Thank you to the Brennan Center for Justice at NYU Law School’s State Court Report (#statecourtreport) for publishing our piece “Missed Opportunities in State Takings Challenges to Pandemic-Era Restrictions.” The title gives a hint about what this is about: how state and local government’s reaction to Co-19 spurred challenges not only under the U.S.
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Devillier Oral Argument Round-Up
One week ago today, the U.S. Supreme Court heard oral arguments in Devillier v. Texas.
We wrote up our thoughts in this post, “Rogue States: Today’s Argument In Devillier v. Texas – ‘Aren’t the Courts supposed to do something’ About Violations Of The Constitution?,” and now bring you other reports:
- Niina H.
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No FOMO: There’s Still Room For You To Join Us In New Orleans Feb 1-3, 2024 For The 41st ALI-CLE Eminent Domain & Land Valuation Litigation Conference
Don’t miss out!
We promise: this is the last time we’re going to try to entice you to the upcoming ALI-CLE Eminent Domain & Land Valuation Litigation Conference in New Orleans. We are getting close to capacity, but there is still room. In recent years, we have standing room only in the Conference halls, and…






