We tend to avoid cases about insurance. Not because they are dull (as you might wrongly imagine). Indeed, there’s more excitement in insurance cases than you’d guess. But insurance law and the insurance regulation field needs a certain level of very niche expertise that we don’t possess. So normally, we would not have given the
Property rights
Latest Ep, Eminent Domain Podcast: Podworthy Cases, ALI-CLE, And 1970s Bands
Our thanks to Bobby Debelak for having us back on as a guest on his Eminent Domain Podcast.
We’re long-time fans of the pod (naturally), and it was good to get together with Bobby and talk a bit of shop.
Here’s a description of our session:
Robert Thomas joins Bobby Debelak to discuss the…
Holiday Dirt Law Movie: “Christmas at the Drive In” (aka Rudolph The Red-Nosed Redeveloper)
‘Tis the season for TV holiday movies. Here’s one to add to your list, as it is on-brand for us dirt lawyers. “Christmas at the Drive In” is described thusly:
“A property lawyer works to prove that her town’s Drive In Theater, a local institution, is not closed down at the holidays, finding…
Beyond The Hohfeldian Bundle: Cryptocurrencies, Blockchain, And The “Ordinary, Common” Meaning Of “Property”

We thought this was going to be about sticks.
We ain’t gonna pretend we understand cryptocurrency or blockchain. I’m just a caveman. Your world frightens and confuses me!
And there’s a lot there to confuse us in the U.S. Court of Appeals’ recent opinion in Van Loon v. Dep’t of the Treasury, No.
Another Semester Of Dirt Law In The Books
Once again, our fall duties included teaching two property law courses at the William and Mary Law School: Eminent Domain & Property Rights, and Land Use Controls. We started in mid-August, and just wrapped the classroom portion of the courses earlier this week. I say “classroom portions” because although we are done…
Iowa: Statute Permitting Precondemnation Surveyor Entry Is “pre-existing limitation on … title”
The latest state supreme court decision involving a takings challenge to a statute permitting precondemnation entries, this time from Iowa.
In Summit Carbon Solutions, LLC v. Kasischke, No. 23-1186 (Nov. 22, 2024), the Iowa Supreme Court concluded that, at least on its face, Iowa’s entry statute for hazardous liquid pipelines, which permits…
NYT Word Of The Day: “Eminent Domain”
Thanks to lawprof Donald Kochan for the heads-up: the “Word of the Day” in today’s New York Times is … “eminent domain.”
Defined by the piece as:
“the right of the state to take private property for public use; the Fifth Amendment that was added to the Constitution of the United States requires that just…
(Un?)Happy Euclid Day!
98 years old, and still going (for better or worse)
On this day in 1926, the United States Supreme Court issued its landmark opinion in Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (Nov. 22, 1926).
You know this one (and can you call yourself a dirt lawyer if you don’t?…
Registration For The 42d ALI-CLE Eminent Domain & Land Valuation Litigation Conference Is Underway (Don’t Miss Out!)
Get ready to join your colleagues and friends in San Diego for the 42d ALI-CLE Eminent Domain & Land Valuation Litigation Conference.
The 41st Conference was in New Orleans. Here’s a report of that event, and here are our reports from prior conferences in Austin and Scottsdale.
Here are some of the…
Blight Redevelopment & Eminent Domain, India Style: Private Property As A Basis For “Economic Democracy”
We’re not going to pretend to fully understand the Supreme Court of India’s recent decision in Property Owners Ass’n v. State of Maharashtra, No. 2012-2022 (Nov. 4, 2024) for obvious reasons (plus, the judgement and various opinions and dissents total 193 pages).
But we post it here because we think it gives some insight …


