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This one is worth your time to review.

In HRT Enterprises v. City of Detroit, No. 23-1847 (Dec. 22, 2025), the U.S. Court of Appeals for the Sixth Circuit affirmed the district court’s entry of summary judgment in favor of the plaintiff/owner and a jury verdict on just compensation.

The case is notable not only for the fact it’s a property owner win, but that the usual procedural hurdles an owner is forced to jump through were successfully navigated. For example, the city’s assertion that the takings claim was both not ripe, and res judicata. Yes, in the city’s view, the claim was simultaneously too early and too late.

The first sentence of the opinion tells you that the focus of the analysis is going to be the res judicata question:

After losing in state court, HRT Enterprises sued the City of Detroit in federal court under a…

Continue Reading CA6 Affirms Detroit Land Bank Taking: New Facts Defeat Res Judicata

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 acquisition“).  Eminently quotable, it captures “the vibe of the thing.” 

Which is why we’re posting this piece that declares the movie, “the best Aussie movie of all time.” Why? The piece lists the reasons why. A bit click-baity, but still a good read. 

Vibe

Post-class whiteboard graffiti,
left behind by a student a few years ago who got it.Continue Reading “There’s no doubt about it – The Castle is the best Aussie movie of all time”

What does a property owner do if she believes that the government’s eminent domain lawsuit is abusive? Is the remedy limited to the four corners of the eminent action (i.e., a counterclaim, third-party claim, etc.), or may a landowner institute a separate action which includes a tort claim for abuse of process? 

In Indiana Land Trust #3083 v. Hammond Redevelopment Comm’n, No. 24A-PL-1284 (Jan. 31, 2025), the Indiana Court of Appeals held that because the remedies in an eminent domain case and an abuse of process case are different, the owner may press claims that the “taking was for ‘discriminatory private purposes, for private gain, motivated by spite and/or that it is against public purposes[.]'” in a separate abuse of process lawsuit. Slip op. at 5. 

Here’s the order of events:

  • Redevelopment agency instituted an eminent domain case in state court to take owner’s property as part of a

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Continue Reading Ind App: Eminent Domain Abuse Is [Also] Abuse Of Process

A and B entered into a purchase and sale agreement for A to sell a commercial property (let’s call it “Blackacre”) to B, a commercial real estate developer.

A knew that the city planned to redevelop the area for a roundabout, “that would require the City to take over a portion of the property by eminent domain.” A did not disclose either the planned redevelopment or the likelihood of taking of Blackacre to B. Some time before the deal closed, B “learned of the redevelopment for the first time,” and soon issued notice of termination and requested return of the deposit under the terms of the sale agreement.

A refused and when mediation failed, B sued for breach of contract (the sale agreement provided that in the event of a taking by eminent domain, the deposit would be refunded). Count II alleged fraud for A’s failure to disclose knowledge of…

Continue Reading Maine: Seller Of Land Has No Duty To Disclose Govt Plans To Condemn

Property_rights_and_the_roberts_court_Agenda_

Register now and plan on joining us on Thursday, February 27, 2025 at the U.C. Berkeley Law School for a one-day conference: “Property Rights and the Roberts Court: 2005-2025.”

Here’s the agenda. Here’s a description of the program:

For much of the past century, property rights were relegated to second-class status compared to the rest of the Bill of Rights. However, under the Supreme Court leadership of Chief Justice John Roberts, this trend has begun to shift.

In recognition of the 20th anniversary of the Chief Justice’s elevation to the Supreme Court, Pacific Legal Foundation is partnering with Berkeley Law’s Public Law and Policy Program to host a day-long conference exploring the major property rights developments and future of property rights law in the Roberts Court.

We’ll hear from two different panels of renowned legal scholars and accomplished litigators, as well as a keynote lunch discussion between…

Continue Reading Join Us: “Property Rights and The Roberts Court: 2005-2025” (Feb. 27, 2025, UC Berkeley Law School)

With our tongues firmly planted in cheeks, the Planning Chairs for the upcoming 42d edition of this popular and venerable Conference bring you this “breaking news” report from San Diego!

As you know, in addition to being the best nationally-focused conference on the subjects that we love and a venue that is nearly certain to have some of the warmest winter weather in the continental United States, and we went on-location from some of the local highlights: the beaches, Torrey Pines, the Zoo, Balboa Park, the Gaslamp Quarter, and Coronado to name but a few.

More about the Conference here, including registration information.

Here are some of the highlights:

  • Property Rights at the Supreme Court: DeVillier and Sheetz and What’s Next
  • Slow Take: Possession, Rent, Relocation, and Offset
  • The Jury’s View: How Jurors See Your Case
  • From Penn Coal to Penn Central: How to

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Continue Reading Breaking News: Come Join Us For The 42d ALI-CLE Eminent Domain & Land Valuation Litigation Conference, San Diego, Jan 30-Feb 1

‘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 romance with the very person who is trying to sell the property.”

When property, redevelopment, historic preservation, and l’amour is involved, who could resist?Continue Reading Holiday Dirt Law Movie: “Christmas at the Drive In” (aka Rudolph The Red-Nosed Redeveloper)

2025 San Diego

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 highlights of the upcoming Conference:

  • Property Rights at the Supreme Court: DeVillier and Sheetz and What’s Next
  • Slow Take: Possession, Rent, Relocation, and Offset
  • The Jury’s View: How Jurors See Your Case
  • From Penn Coal to Penn Central: How to Prove “Too Far”
  • Leveraging Expertise in Eminent Domain Litigation: Working with Land Planners, Engineers, and Other Predicate Experts
  • Kelo at Twenty: What Changed, What Didn’t, and What’s on the Horizon
  • Viva Las Vegas: How the Nevada Judiciary Upheld Property Rights in 180 Land’s Inverse Condemnation Taking
  • Ethics: Guiding the Trolley: Perspectives on Professional Ethics in

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Continue Reading Registration For The 42d ALI-CLE Eminent Domain & Land Valuation Litigation Conference Is Underway (Don’t Miss Out!)

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 how other jurisdictions and cultures view expropriation, and the role of property rights in free societies.

Some background. The Constitution of India (article 39(b)) has been held by the Supreme Court to embody a concept known as “constitutional socialism.” It provides:

The State shall, in particular, direct its policy towards securing–

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(b) that the ownership and control of the material resources of the community are so distributed as best to sub serve the common good.

Not quite the Fifth Amendment, is it?

Indeed, Justices of the Supreme Court have opined that constitutional…

Continue Reading Blight Redevelopment & Eminent Domain, India Style: Private Property As A Basis For “Economic Democracy”