Public Use | Kelo

We were all set to offer our deep thoughts about the recently-published opinion of the California Court of Appeal in Mendocino Railway v. Meyer, No. A168497 (Jam. 7, 2026), which held that the Skunk Train (a “train to nowhere” that carries tourists up in California’s redwood country) is a “common carrier” with the power

No better way to start 2026 than to check out the Yale Journal of Regulation‘s (the self-labeled “Nation’s Top-Ranked Administrative and Corporate Law Journal”), for its symposium on the twentieth anniversary of the Kelo case.

Featuring authors who readers of this blog will recognize (all the big names), the symposium features articles you

As we wrap up another year, it’s time to look ahead to the one event that always gets our eminent domain blood pumping: the annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference. Details, including faculty list, a complete agenda, and registration information is posted here.

Now in its 43rd year, this flagship gathering

Be sure to check out the opinion of the Texas Court of Appeals (Fourteenth District) in Jones v. Port Freeport, No. 14-23-00948 (Sep. 18, 2025).

This is a challenge to the Port’s attempt to take property in an historic African-American community, with the stated purpose of the taking being “expansion of the Port Facilities” and “the development of business industries.” Slip op. at 3. The owners objected, asserting that there’s gotta be a plan. Or at least a better plan than that.

Continue Reading Tex App: No Plan, No Public Use, No Eminent Domain: “I’m from the [Port], and I’m here [for a public use]” Is Not Enough
Muchmagnacarta

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

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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

BK2025

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

Kelo site Ft Trumbull
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