We don’t know what the real story is in this report from SF Gate, “Calif. town pauses housing project after French Laundry chef criticism.” But if you had to pick a single story that captures a century of Euclidean vibe, where “neighborhood character” objections (first affirmed in that case) can kill what might be a good thing because neighbors can anonymously vote how someone uses their own property, you couldn’t do better than this one.
Continue Reading Euclid’s “Neighborhood Character” Vibe, Exemplified In Land Use Fight In The Heart Of The Napa Valley
YIMBY v NIMBY In Montana Supreme Court: “housing reform statutes do not violate the right to equal protection solely because the law treats people not subject to private covenants differently.”
Here’s a case we’ve been following (esp. because our firm is counsel for the two intervenors). In Montanans Against Irresponsible Densification, LLC v. Montana, No. DA 25-0200 (Mar. 17, 2026), the Montana Supreme Court upheld the “Montana miracle” housing and zoning reform statute against an equal protection challenge. This case is important not only because it upholds loosening of restrictions on housing development and private property rights, but because it also confirms the freedom of contract, and recognizes that private owner remain free to control the use of their own property in the best manner they see fit.
Continue Reading YIMBY v NIMBY In Montana Supreme Court: “housing reform statutes do not violate the right to equal protection solely because the law treats people not subject to private covenants differently.”
RI: Federal Takings Claim Must Be Ripened By Exhausting State Admin Remedies By Appealing Variance Denial
Two or three steps? You decide. A takings case arising from the same locality in Rhode Island that gave us Palazzolo (Westerly, R.I.). In DiBiccari v. Rhode Island, No. 2023-353 (Mar. 10, 2026), the Rhode Island Supreme Court held that the owner’s federal takings claim was not ripe because even though the State agency had denied a variance to allow installation of a wastewater system, the owner had not pursued the agency’s administrative appeals process.
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Harvard Law Review Recent Case Summary: Eleventh Circuit Used A “Novel” Remedies Test To Hold The Just Compensation Clause Is Self-Executing
Check this out. A student-authored case summary from the latest edition of the Harvard Law Review, commenting on Fulton v. Fulton County Board of Commissioners, an Eleventh Circuit case we designated as an honorable mention in 2025’s highlights. The Fulton panel split 2-1 (and we understand that the case is pending a decision on the County’s en banc petition), with the majority addressing the issue the U.S. Supreme Court sidestepped in DeVillier v. Texas, 601 U.S. 285 (2024): do you need Congress’s ok to sue for just compensation for a taking?
Continue Reading Harvard Law Review Recent Case Summary: Eleventh Circuit Used A “Novel” Remedies Test To Hold The Just Compensation Clause Is Self-Executing
New Cert Petition (Ours): Must A Due Process Claimant Exhaust State Remedies?
The latest from the lawyers who brought you Knick v. Township of Scott. A new cert petition challenging the Eleventh Circuit’s conclusion that a property owner asserting a due process violation must effectively exhaust state judicial remedies.
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CAFED: We Can’t Tell Whether There’s Been A Physical Taking, Because You Haven’t Explained Well Enough What Property Interest You Have In Using Radio Frequencies
An interesting one from the U.S. Court of Appeals for the Federal Circuit, Ligado Networks, LLC v. United States, No. 25-1792 (Mar. 9, 2026). In an unsigned opinion, the court held that it couldn’t determine whether the plaintiff suffered a physical taking of its radio license because the parties had not adequately briefed the argument that a federal statute created a private property right.
Continue Reading CAFED: We Can’t Tell Whether There’s Been A Physical Taking, Because You Haven’t Explained Well Enough What Property Interest You Have In Using Radio Frequencies
Income As Property, And Washington’s New “Millionaire Tax”
We’ve been following the stories of the State of Washington’s recent adoption of a tax on income in excess of one million dollars per year. There’s lots of talk about this income tax violating the State Constitution, also. We’re not up on our Washington constitutional law, so we were intrigued: does the state constitution really ban income taxation? We found the answer interesting (and based in our favorite topic, property), so we thought we would post it here.
Continue Reading Income As Property, And Washington’s New “Millionaire Tax”
New Article: Bob Grace, “Assessing Change in Market Value of Rural Real Property Post-Wildfire in the Great Plains” (Appraisal Journal)
Check out this recently-published article by colleague Robert (Bob) Grace, MAI, “Assessing Change in Market Value of Rural Real Property Post-Wildfire in the Great Plains” in the latest issue of the Appraisal Journal.
Continue Reading New Article: Bob Grace, “Assessing Change in Market Value of Rural Real Property Post-Wildfire in the Great Plains” (Appraisal Journal)
Latest inversecondemnation.com Swag
We’ve done vests and hats, and even the old reliable mug. And now we’re trying out lightweight fleecy jackets. That’s right folks: a limited, experimental, prototype piece of merch as depicted above, and below.
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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)
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)