Last year, we attended a conference devoted to the future of regulatory takings, hosted by the Antonin Scalia School of Law (George Mason U), and Pacific Legal Foundation.
The publisher, the Journal of Law, Economics, and Policy has released the articles and essays from that conference, and made them available here.
Here’s the
If you know, you know.
Sad birthday wishes to what just might be our most un-favorite decision ever, Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978), which turns 46 today. This in addition to the unhappy Kelo-versary earlier this week. A takings and regulatory takings one-two punch!
Time
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
It was on this day in 1928 when the U.S. Supreme Court issued its second most famous decision about zoning, Nectow v. City of Cambridge., 277 U.S. 183 (1928).
We say “second” because everyone knows that the first is the Court’s decision issued just two years earlier which generally upheld comprehensive use, height, and
Here’s the latest in a case we’ve been following.
This is Fane Lozman. You know his name. Yes, the guy who has taken on the City of Riviera Beach, Florida twice at the Supreme Court, and is now coming back for a third shot on goal. Houseboat guy. Public hearing gadfly guy
Check out the new report by our Pacific Legal Foundation colleagues Kyle Sweetland and Brian Hodges, “How to Protect Property Rights from Improperly Assessed Exactions” (Apr. 2025).
This research in brief shows how exactions grew and increased home construction costs over a 16-year period. It provides a history of exactions, showing how
We’ve had this one in our queue for a bit, but it seems now is a good time to lay out the U.S. Court of Appeals for the Sixth Circuit’s opinion in McIntosh v. Madisonville, No. 24-5383 (Jan. 21, 2025). After all, the Due Process Clause seems to be in the news a lot
These days, when we have cases where there’s tinkering with the terms of rental agreements, we most often see local governments using their police power to force property owners to rent their properties on a long-term (more than 30 days) basis.
But in Bigelow Arizona TX-344, LP v. Town of Addison, No. 05-23-00642-CV (Apr.
Today we have a guest post by New York colleague Jennifer Polovetsky, who writes about an exactions case that is headed for the New York Court of Appeals. Disclosure: our firm represents the property owners in that court.
Thanks to Jennifer (and to the New York Law Journal) for allowing us to republish her
Virginians: now is a good time to register for the Virginia Eminent Domain Conference, May 8-9, 2025, at the Kingsmill Resort in Williamsburg.
We have spoken and attended the Conference in past editions, and can report that it is excellent. We’re looking forward to joining friends and colleagues again in The Burg in the