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
Here’s Pacific Legal Foundation’s motion asking the Virginia Supreme Court to allow us to file a brief amicus curiae which urges the court to grant a discretionary appeal and review this Petition for Appeal by a Norfolk, Virginia homeowner who, according to the trial court, suffered a taking but was prevented from presenting all evidence of just compensation, including the “residue damage” required in partial takings by the Virginia Constitution.
Continue Reading Virginia Supreme Court Amicus: There’s A Difference Between Constitutional “Damagings” And Severance (Residue) Damages In Takings Just Compensation
In Plaquemines Port Harbor & Terminal District v. Nguyen, No 2025-C-00827 (Mar. 6, 2026), the Louisiana Supreme Court invalidated a quick take by the Port of a vacant 29-acre parcel, because the property was to be leased to “a private company for its exclusive development and use.” Slip op. at 1. [Disclosure: our shop filed an amicus brief, so we had a dog in the hunt.]
Continue Reading Post-Kelo Amendments To Louisiana Constitution Prohibit Taking To Lease To Private Company For Its Own Use (Even If The Fifth Amendment Might Allow It)
Here’s the latest in a case we’ve been following.
Recall that a couple of months ago, the court of appeals held that the challengers were likely to succeed in their challenge to Dallas’s short-term rental ban. The case was up on appeal from a preliminary injunction, so there wasn’t a lot in that