As part of the Brigham-Kanner Property Rights Conference being held next week at the William and Mary Law School, the student-run Real Estate Law Society is producing a very interesting program that offers a look back on Kelo v. City of New London, in this that case’s twentieth year.
We’re going to
This just in: in this Order, the U.S. Supreme Court has granted certiorari and agreed to review two cases which involve property and property rights.
First, in Pung v. Isabella County, No. 25-95, the Court will be considering these Questions Presented:
1. Whether taking and selling a home to satisfy a debt to
Just a few weeks ago, we were celebrating our 19th birthday, and our 5,000th post.
Then came the news that our long-time hosting service, Typepad, was shutting down on September 30, 2025, and that if we did not migrate the blog to a new host, it was going dark…permanently.
We have now found a new home: an old friend to legal blogs, LexBlog.
This is a behind-the-scenes fix, so from your side, you shouldn’t see any big changes. You can still find us on the web right here at inversecondemnation.com. For readers who follow along by email, you should continue to see posts showing up in your inbox via Feedblitz or now, LexBlog. Anyone still use RSS? If so, same.
Our content will also remain the same: takings, eminent domain, and property rights goodness.
Continue Reading Never Gonna Give You Up, Never Gonna Let You Down
Here’s the latest in a case we’ve been following which presents an important issue. So much so that we filed an amicus brief in support of the property owner.
In Town of Apex v. Rubin, No. 206PAA21 (Aug. 22, 2025), the North Carolina Supreme Court held that if a taking is determined to be
As you already know, registration is also underway for the 22d Brigham-Kanner Property Rights Conference, October 23-24, 2025, at the William and Mary Law School in Williamsburg, Virginia.
The Conference is expressly designed to get legal academics and the nation’s best dirt law practitioners in the same room, discussing how legal scholarship and law
That’s right, it’s time to plan on joining us at the 22d edition of the best one-day property law conference, William and Mary Law School‘s Brigham-Kanner Property Rights Conference.
As we noted, Professor William Fischel will be awarded the 2025 Brigham-Kanner Property Rights Prize at the annual Wren Building candlelight ceremony in Williamsburg
Available now.
Just published: Rethinking the Law of Private Property, edited by lawprof Jan Laitos, with chapters by some of Dirt Law’s most notable luminaries. Here’s the abstract:
In Rethinking the Law of Private Property, eminent legal scholars consider how private property rights might be transformed and realigned to better cope with modern challenges.
What is private property? James Madison called it “that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual.” The Constitution’s Takings Clause doesn’t define it; it simply prohibits the taking of private property for public use without just compensation.
In this academic workshop &ndash
Over there is where the “little pink house” was.
July 26, 2025.
Regular readers know that from time to time, we make what we call property or takings pilgrimages to the sites of famous cases. Inter alia: Kaiser Aetna, Nollan, Dolan, Loretto, Penn Central, Hadacheck, the High Line
Readers of this blog are surely familiar with the soft spot we have in our heart for the Australian film, “The Castle.”
We described it as “Kelo Down Under,” noting that despite its comic spin, the film accurately portrays why owners of property object to eminent domain (in Australia, “compulsory