Nothing to do with takings. Just thought you’d appreciate the Fifth Circuit’s most epic stringcite we’ve ever seen, send along by a takings colleague. In re Acis Capital Management, L.P., No. 25-10797 (July 17, 2026).
Continue Reading Best Stringcite. Ever.
Uno Reverse! CA5 Approves State Takings Remedy After Fifth Amendment Failed
Here’s the latest in a case we’ve been following for a long time. In Baker v. City of McKinney, No. 25-40396 (May 22, 2026), the U.S. Court of Appeal for the Fifth Circuit, in an unsigned per curiam opinion approved of the property owner’s “reelection of remedy” to ask for relief under the Texas Constitution, after the original section 1983 just compensation claim was rejected.
Continue Reading Uno Reverse! CA5 Approves State Takings Remedy After Fifth Amendment Failed
How’s That Again?
What do they call those phrases that are internally contradictory like “jumbo shrimp” and similar? Here’s an awfully good Dirt Law version (think about that on your next working vacation).
Continue Reading How’s That Again?
Hawaii Court Of Appeals: Elephants Are Not “Persons”
Hawaii court of appeals holds that elephants (yes, actual elephants) are not “persons” as that term is used in state’s habeas corpus statute.
An animal rights group wanted to spring two elephants from the Honolulu Zoo. Went about as well as you’d expect. This seems to be a thing (check out this Colorado case
NC: If A Taking Is Determined To Lack A Public Use, Title Revests In Private Owner. If Construction Already Taken Place, Restoration Is An Available Remedy
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
Must-Listen Podcast: “Neat Takings Tricks” (Bound by Oath, S3, E3)
Please add this one to your podcast listening queue: the latest episode of Bound by Oath, produced by John Ross at the Institute for Justice. BBO isn’t a typical podcast, but more of an audio documentary as we have noted before. If you aren’t a subscriber, you really should be.
This episode focuses on
Bees May Be Fish In California, But Here In Colorado, Elephants Ain’t Persons
What to say about the Colorado Supreme Court’s recent decision in Nonhuman Rights Project v. Cheyenne Mountain Zoo, No. 24SA21 (Jan. 21, 2025), wherein the court resolved the momentous and highly controversial question of whether an elephant is a person?
Our first temptation is to see this through the takings lens (surprise), and snark
NJ’s Forfeiture Statute Is A Taking Of Surplus Home Equity
If you thought the issue of whether it is a Fifth Amendment taking for a state or local government to “keep the change” after satisfying a tax debt was settled by the U.S. Supreme Court in Tyler v. Hennepin County, 598 U.S. 631 (2023), you’d be right.
Then what was there left for the
Apparently, The “Final Frontier” Isn’t Space, But The California Coastal Zone
Following up on our recent post about the California Coastal Commission denying permission for Space-X to increase the number of annual launches from Vandenberg, comes this, the other shoe.
The Commission has now been sued, with Space-X alleging that the Commission denied permission due to CEO Elon Musk’s political leanings and his public
You Thought We Were Joking When We Said The California Coastal Commission Would Never Allow Starfleet Headquarters To Be Built
The California Coastal Commission has now reached the parody stage.
In the “Star Trek” TV shows and movies, Starfleet Headquarters is depicted as being across the Golden Gate from San Francisco, in the Marin Headlands. It’s a longstanding joke among those who know about the regulatory overreach of the California