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July 4, 2026 is the 250th birthday of the United States. Those of us who were around 50 years ago for the bicentennial remember that a very big deal was made of the United States of America’s 200th birthday. The 250th doesn’t seem to be treated as anywhere near such a big deal by the public. Different times; and indeed a very different America. Too bad, because we think it is an opportunity lost. So we’re posting our usual July 4 missive. …
Continue Reading The Verified Complaint In Equity: The Declaration Of Independence, v.250

Yes, the U.S. Court of Appeals for the Sixth Circuit’s opinion in Banks v. Charter Twp. of Bloomfield, No. 25-1833 (Apr. 28, 2026) is unpublished, and we usually don’t cover unpublished opinions. But we put aside our usual reluctance to discuss unpublished work because the decision raises an important point: are the rules in “regulatory” takings only applicable when the government has adopted a regulation?
Continue Reading CA6: To Be A Regulatory Taking, There Must Be A Regulation

For the past couple of days, we’ve been in Denver, attending the 2026 Rocky Mountain Land Use Institute at Denver Law School. The program is pretty wide-ranging. Everything from very land-usey topics like state-local delegation, zoning, and takings, and broader subjects like housing policy, western history lessons, and planning strategies. In attendance: private practice lawyers, government lawyers, elected officials, public interest lawyers, legal scholars, planners, and zoning officials. …
Continue Reading Sunny (And Not So Sunny) Days At The 2026 Rocky Mountain Land Use Institute

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…