Tyler takings

Check out this recently-filed cert petition, which might be filed under government “keepings” as well as takings. In Greene v. Kansas Dep’t of Revenue, 576 P.3d 320 (Kan. Ct. App. 2025), the Kansas Court of Appeals held that the Department didn’t owe just compensation after it seized some of Greene’s property (the petition and the lower court’s opinion don’t really say what this property is, but we can presume it is some of the “potpourri substance named ‘Diablo’ that the Kansas Board of Pharmacy had deemed a controlled substance” that was at the heart of the tax dispute.
Continue Reading New Cert Petition: Temporarily Keeping Property Seized For Taxes After A Ruling The Taxes Were Not Owed Is A Taking

Programming note: On the weekend we’ve set aside to remember our nation’s war dead, we thought we’d repost this one, about how Arlington National Cemetery came to be. And yes, there’s a takings story there.
Continue Reading Memorial Day 2026: Arlington National Cemetery And Takings

Courtrooms are places for serious business. After all, people’s lives, businesses, property, and past and futures are at stake. It’s right that the court, the lawyers, and the public take what goes on there seriously. But judges and lawyers are also human, so it should surprise no one that moments of levity and humor can creep in.
Continue Reading Lighter Moments In Yesterday’s SCOTUS Takings Arguments

Here is the transcript of the oral arguments held earlier today in Pung v. Isabella County. [And before we get further, a disclosure: this case is one of ours as the above courthouse steps photo shows.]…
Continue Reading Transcript And Audio From Today’s SCOTUS Takings And Excessive Fine Arguments (Pung v. Isabella County)

Check this out, a new cert petition filed yesterday.

As the title of this post notes, this is one of ours. So we won’t be making substantial commentary on it.

But we can say that a sharply-divided Arkansas Supreme Court held that BAS’s Tyler takings claim for the State Lands Commissioner’s failure to return…

Sometimes when you read a court opinion you imagine there’s a big gap between the objective, sterile words on the page and the reality of the situation.

The U.S. Court of Appeals for the Seventh Circuit’s opinion in O’Donnell v. City of Chicago, No. 24-2946 (Dec. 22, 2025) is one of those.

The words…

Here’s one you don’t want to miss. Lawprof Shelley Ross Saxer has published “Forfeiture Takings, Police Power, and Necessity Destruction,” 80 U. Miami L. Rev. 147 (2025).

Here’s the Abstract:

Civil forfeiture laws allow law enforcement to seize property when there is probable cause it has been used or possessed in violation of…