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
The caption of the U.S. Court of Appeals for the Tenth Circuit’s opinion in Purgatory Recreation I, LLC v. United States, No. 24-1241 (Oct. 21, 2025), and the fact that the plaintiff raised a takings claim, should give you some idea where this is heading.
After all, when the defendant in a takings claim
When an opinion starts off with “[t]his zoning/inverse condemnation case revolves around the availability of parking…” you kinda know, whatever the issues might be, that the court isn’t likely headed in a good direction for the claimant.
That’s exactly how the Supreme Court of South Carolina began The Gulfstream Cafe, Inc. v. Georgetown County
Is “personal” property (as contrasted with real estate), or property that is used in commercial dealings, not “private property” is protected from uncompensated takings by the Fifth Amendment?
That’s what the U.S. Court of Appeals for the Tenth Circuit appeared to conclude in Green Room LLC v. State of Wyoming, No. 24-853 (Oct. 27
You’ve all heard the phrase “cut out the middleman” in advertising or crafty dealmaking. Deal directly and realize a savings, or somehow get a better bargain.
To our eyes, it looks like that’s what the New York legislature might have had in mind when it amended its Medicaid statutes to cut out “a
The U.S. Court of Appeals for the Seventh Circuit is the latest court to wade in (or more accurately, re-wade in) to what we call the SWAT Takings issue.
The logic is sound: under a governmental power (police power), the government (SWAT) has physically invaded (deprived the owner of an essential stick of private property, the right to exclude) a home (private property), for public use (police apprehending suspects is a good thing), triggering the obligation to spread the burden of this public good to the entire public (Armstrong).
Continue Reading CA7: No Taking For SWAT Destroying Property While Executing Valid Warrant
The latest cert petition from Michael Berger, this time involving procedural due process and takings.
Here are the Questions Presented:
The City of Dana Point “red tagged” Petitioner’s motel and then had a receiver appointed to oversee its rehabilitation without ever providing notice of the hearing. Thereafter, it set the property for a
A short one (unpublished) from the U.S. Court of Appeals for the Sixth Circuit in a Tyler taking case (an issue that seems like it is on a lot of courts’ minds right now).
In Wayside Church v. Van Buren County, No. 24-1598 (Oct. 6, 2025), the court affirmed the district court’s certification of
In a case we’ve been following for what seems like forever, the Hawaii Supreme Court has issued an opinion in Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. SCWC-19-0000776 (Sep. 17, 2025), holding that littoral property owners are owed nothing for the temporary regulatory taking of small portions of accreted beach.
Continue Reading Hawaii Supreme Court: Beachfront Property Is Worthless
Here’s a cert petition in a case we’ve been following.
This is a water fight in California, and it asks a fundamental question: is the right to beneficial use of water a property right? The Federal Circuit held no, the federal government possesses that right, not these owners.
Continue Reading New Cert Petition: Are Water Rights “Property?”