In this order, the Texas Supreme Court declined to review a case we’ve been following, in which the court of appeals held that Grapevine’s total ban on short-term renting of property — banning even owners who had been doing so for a while — might be a taking. The court held that even
Property rights
New Takings Ripeness Cert Petition (Ours): Knowing The Permissible Uses “to a reasonable degree of certainty” Is All You Need For A Claim To Be Ripe
Here’s the cert petition, filed last week, in a case we’ve posted about. See here (Ninth Circuit arguments) and here (en banc petition).
The Ninth Circuit affirmed dismissal of a takings claim because (it held) the claim isn’t ripe. The government hasn’t made up its mind, and just might allow the owners to…
Join Us August 9, 2023: ALI-CLE’s “How Did Property Rights Fare at the Supreme Court? What Happened in the 2022 Term and What’s Next”
On Wednesday, August 9, 2023 at 1:00 – 2:00 p.m. (Eastern Time), please join us for ALI-CLE’s web program, “How Did Property Rights Fare at the Supreme Court? What Happened in the 2022 Term and What’s Next.”
Here’s the course description:
This has been a blockbuster U.S. Supreme Court term for property law…
Happy 808th (The) Magna Carta (Charta) Day!
808 years ago today* on a grassy plain down by the river, the barons convinced bad King John to affix his seal to Magna Carta. Or the Magna Carta. Or Magna Charta. However you want to grammarize it. (And no, he didn’t “sign” it, they didn’t do things like that back then.)
And…
Tuesday Round-Up: Sackett, Tyler, Defending Zoning, Canada Property Rights … And More
Here’s what we’re reading this Tuesday:
- Tiffany Lashmet’s Ag Law in the Field podcast: “Episode #155: Jesse Richardson and Anthony Schutz (Sackett v. EPA)“
- Lawprof Ilya Somin, Brennan Center for Justice: “Supreme Court Strengthens Federal Protection for Property Rights“
- Also from Prof Somin, Volokh Conspiracy: “A Flawed Attempt
…
ICYMI: “Property Rights Hat-Trick: Breaking Down PLF’s Supreme Court Victories” (vid)
Missed our law firm colleagues Jeff McCoy, Damien Schiff, and Christina Martin when they were live, talking about their SCOTUS wins in Wilkins v. United States (is the statute of limitations in federal Quiet Title Act cases a jurisdictional bar?), Sackett v. E.P.A. (scope of Clean Water Act wetlands jurisdiction), and Tyler v. Hennepin County…
Has Not Aged Well – SCOTUS, June 11, 1923: “The necessity for appropriating private property for public use is not a judicial question.”
Continuing in our line of posts noting milestones in dirt law, we bring you Rindge Co. v. County of Los Angeles, 262 U.S. 700 (1923), decided 100 years ago today.
For any of you who have driven the Pacific Coast Highway through Malibu, you will know the site of this eminent domain…
New Just Comp Cert Petition: Is Due Process Property Just Compensation Property?
A new cert petition to check out. We don’t need to explain it much, because the petition does a good job of it.
Here’s the Question Presented:
New York State redevelopment agency seized, via eminent domain, a large tract of real estate occupied by an existing building in downtown Brooklyn for redevelopment. The building, partially…
ALI-CLE First Look At “Sackett v. EPA and the Future of the Clean Water Act”
Want to find out what the experts — including arguing counsel for the property owners, our law firm colleague Damien Schiff — think about the Supreme Court’s recent Clean Water Act decision, Sackett v. EPA. And most importantly, what is next?
You are in luck: on Wednesday, June 7, 2023 at 1:00 – 2:15pm…
Hey Boo Boo! This Case Is Better Than Your Average Warrantless Search Case: Camera-Toting Bear Accused Of Violating The Fourth Amendment

The (allegedly) offending Bear Number 119.
Check this out.
As reported in the Law360 story, “Does A Bear Film In The Woods? Couple’s Suit Says Yes,” a Connecticut property owner has filed this federal court complaint asserting that state game and fish officials tagged a wild bear and turned it into a state-sponsored, …





