Property rights

North Dakota, as you might expect, can be cold in the winter. So cold that railroad switches need to be heated, else they get… frozen. The railroad uses refillable propane tanks, but these need to be refilled from time to time. And North Dakota is so cold in the winter that sometimes, the propane trucks…

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Here’s one we’ve been waiting to drop. In KMS Retail Rowlett, LP v. City of Rowlett, No. 17-0850 (May 17, 2019), a deeply divided Texas Supreme Court held that a statute — adopted in response to Kelo — which seems to limit eminent domain power, also contains a massive hole: according to the court…

The title of this post may have you wondering, especially the part about how a regulation that invites others to physically enter private property, is determined by a court to not be a physical taking. (The court also hints at looking at a physical taking under Penn Central, and not by applying per se…

Here’s what’s on the reading list for today:

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Here’s the Reply Brief in a case which we’ve been following (and in which we filed this amici brief). This is the one in which landowners are challenging the district court’s issuance of an injunction in a Natural Gas Act taking which allow a private condemnor to obtain immediate possession of the land being…

A law journal article worth reading (short, not too many distracting footnotes) on takings theory.

In Imperfect Takings, 46 Fordham Urban Law Journal 130 (2019), Professor Shai Stern writes about what he calls the “three safeguards” in eminent domain (due process, public use, and mandatory compensation), and how to evaluate the legality of takings…

Thanks to Professor Michael Wara’s Twitter feed, here is what might possibly be the first and only example of a comic strip devoted to inverse condemnation.

Yes, it is on an advocacy site (the International Brotherhood of Electrical Workers Local 1245), and it doesn’t really go into the details of the doctrine…

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Here are the links from today’s two sessions (the first, federal water issues impacting local land use; the second, Bringing and Defending a Takings Case):

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Here’s the amici brief of the Owners’ Counsel of AmericaNew Jersey, Virginia, and West Virginia property owners; Cato Institute, and NFIB Small Business Legal Center which urges the Supreme Court to grant cert in a case we’ve been following for a while.  

As regular readers understand, several federal courts of appeals …