Vested rights

You land user types know that the concept of “vested rights” or “zoning estoppel” and related doctrines line nonconforming uses are very state-specific. From early vesting jurisdictions where merely filing an application for a permitted use locks in the then-existing restrictions on use, to places like California where you need to have driven the last nail before you can say you are vested. Then there are those jurisdictions somewhere in the middle which say there has to be some action by government that induces reasonable reliance in the form of expenditures.
Continue Reading Uno Reverse: Iowa Says That Until Government Regulates, Your Expectations To Use Your Property Can Never “Crystallize”

In a state like Vermont that is heavily dependent on tourism, it shouldn’t be all that surprising that one of the most prominent issues is the policy and legal fight over short-term rentals. In 2022, Burlington, the state’s largest city, tightened up its short-term rental regulations to prohibit “nonhost-occupied short-term rentals in Burlington with…

Check this out. A new cert petition on an issue we think is a good one. Let’s just cut to the chase (you can read the petition for the background). Here are the Questions Presented: Whether an approved vesting tentative map which conferred a statutory vested right to finalize a subdivision upon substantial compliance with the conditions of approval is property protected by the Takings Clause?
Continue Reading New Cert Petition: Is A Vested Permit A Separate “Stick” Of Private Property?

Texas court of appeals fifth

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…

Charlottesvillezoning

This interesting — and kind of funny — story has been circulating: “Judge’s ruling means Charlottesville has no zoning laws whatsoever right now.” 

What happened? Is the counter-Euclid revolution underway? Did the judge rediscover Nectow? Did Charlottesville voters decide to go Full Houston? 

No, nothing quite as dramatic. The story…

In City of Dallas v. Dallas Short-Term Rental Alliance, No. 05-23-01309-CV (July 18, 2025), the Texas Court of Appeals affirmed a preliminary injunction, suspending operation of two ordinances which (1) restrict, and (2) require registration of short-term rentals in Dallas.

It’s a short opinion and up on appeal from interlocutory emergency relief, so there…

In this order, the U.S. District Court for the Northern District of Illinois temporarily enjoined enforcement of Chicago suburb Glen Ellyn‘s prohibition on renting property for less than 30 days.

Blakelick owns a five-bedroom single family home that when purchased was not located in Glen Ellyn. Since 2022, it has been offering the…

You should already know Short Circuit is the Institute for Justice’s frequently-updated podcast on important and interesting decisions from the federal courts of appeals (the “Circuit” part of the title, we assume).

If you are not already a regular listener you are missing out, because it is a fantastic and easy way to keep up…

Magnachartasupremecourtdoor

Readers know that the North Carolina Constitution does not contain a “takings” or “just compensation” clause. Does that mean that the government can simply take property, and not have to worry whether the taking is for a public use, and with just compensation? Of course not.

Because we also know that the N.C. Constitution…