Property rights

The Sixth Circuit these days. Lots of property and takings-related stuff being decided in that court. See here, here, here, here, here, and here for some examples.

The latest is O’Connor v. Eubanks, No. 22-1780 (Oct. 6, 2023), in which an unsigned panel opinion (with concurrence of Judge Thapar

Here’s what we’re reading about the Supreme Court’s property rights docket — some good, some disappointing — this day.

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To us, one of the strangest things in constitutional law is the conclusion that although private property is a fundamental right for purposes of the Just Compensation Clause, it isn’t fundamental for purposes of the Due Process Clause. When your private property is taken you must be provided compensation. But when you are deprived of

We’re not going to ask you to read the entire 24 pages of the Washington Supreme Court’s 5-4 opinion in Gonzales v. Inslee, No. 1000992-5 (Sep. 28, 2023), in which the court seriatim rejects every challenge to the Governor’s Co-19 emergency eviction moratorium for tenants, which allowed tenants who did not pay rent to

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I’ll take ‘Words I Like to See’ for $800, Alex.

In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.

The first is detailed in this post

092923zr_q8l1_Page_1
I’ll take ‘Words I Like to See’ for $800, Alex.

In this Order, the U.S. Supreme Court agreed to hear two important property rights cases (are there any other kind?). Both are cases we’ve been following — and indeed are now playing a part in.

The first is Devillier v. Texas (the

IRWA 6-2023 summary jpg

Thanks to our co-authors for the latest issue of this recurring update.

The International Right of Way Association’s Real Estate Law Committee produces twice-a-year reports “which contain summaries of eminent domain decisions and legislation within the United States.” (This is the “international” right of way association, so that last qualifier is important.)

And what is

Why is it, you ask, that the ALI-CLE Eminent Domain & Land Valuation Litigation Conference (scheduled next February 1-3, 2024, in New Orleans) is an event that seems to be growing in popularity and attendance. In recent years, we have standing room only in the Conference halls, and have sold out the hotel block.