Here’s what we are reading today, eminent domain with a slightly offbeat theme:

From the Texas Court of Appeals in Sloan Creek II, LLC v. North Texas Tollway Authority, No. 0-5-14-1456-01456 (Aug. 28, 2015):

This is an interlocutory appeal of the trial court’s orders granting two pleas to the jurisdiction challenging an inverse condemnation counterclaim under article I, section 17 of the Texas Constitution. In its counterclaim

Every year at around this time, we note the anniversary of the blog. Our first post was back in August 2006, which means that we have nine years of this under our belt. In blog years, that’s apparently a lot. 

It’s a gas to think about our favorite topics, and write up my thoughts

From the Ninth Circuit, a published opinion in a case challenging a Napa Valley city’s mobilehome rent control ordinance, Rancho de Calistoga v. City of Calistoga, No. 12-17749 (Sep. 3, 2015). Here’s a complete summary of the issues in the case, along with the Ninth Circuit merits and amici briefs. We’ve been following it because

Here’s the latest in a case that we’ve been following, which was in both state and federal court, Bridge Aina Lea v. Land Use Comm’n

The litigation is a series of two lawsuits that originated in state court in the Third Circuit (Big Island), one an original jurisdiction civil rights lawsuit, the other

Oral Arguments part I

Oral Arguments part II

Three points before we get to our more involved thoughts on last week’s oral arguments in what is known as the “Thirty Meter Telescope” case, Mauna Kea Anaina Hou v. Bd. of Land and Natural Resources, No. SCAP-14-0000873: 

  • Appellate oral arguments are not necessarily an accurate

EM Hauulaeminent_domain_abuse

You remember that case about property on the rural north shore of Oahu, in which the City and County of Honolulu is condemning a vacant parcel in order to build a new fire station. The City hasn’t moved on building the station and hasn’t included money in the budget to do so. There’s even some question

Here’s the latest in an issue we’ve been following, the myriad legal challenges to the EPA’s recently-adopted rules expanding the scope of the definition of “waters of the United States” under the Clean Water Act.

The U.S. District Court for the District of North Dakota, one of several District Courts considering the plethora of lawsuits

BK-plaque-2015

As we’ve done every year lately, we’re soon headed to the Brigham-Kanner Property Rights Conference at the William and Mary Law School in Williamsburg, Virginia.

This year, the B-K Property Rights Prize will be awarded to Harvard lawprof Joseph Singer, who is, shall we say, an interesting choice, given his theory that a “robust

We have learned that the North Carolina Supreme Court has granted the State’s request to review Kirby v. North Carolina Dep’t of Transportation, No. COA14-184 (Feb. 17, 2015).

That’s the case in which the Court of Appeals not only held that the property owners’ claims were ripe, but that the Map Act — which gives