Thank you to the Brennan Center for Justice at NYU Law School’s State Court Report (#statecourtreport) for publishing our piece “Missed Opportunities in State Takings Challenges to Pandemic-Era Restrictions.” The title gives a hint about what this is about: how state and local government’s reaction to Co-19 spurred challenges not only under the U.S.
2024 ALI-CLE Eminent Domain & Land Valuation Litigation Conference, New Orleans
Our annual “proof of life” photo –
Yes, this is New Orleans,
but nearly 300 of us are in the room
to talk eminent domain and property rights shop
A fantastic turnout at the ALI-CLE Eminent Domain & Land Valuation Litigation Conference.
Some numbers:
- Eleven. The number of attendees from a single firm,
…
We’re Underway With The 41st ALI-CLE Eminent Domain & Land Valuation Litigation Conference, New Orleans
As the title of this post notes, we are underway with the 41st ALI-CLE Eminent Domain & Land Valuation Litigation Conference, in New Orleans.
But the magic doesn’t just happen on its own. It takes a lot of hard set-up work by the ALI-CLE staff to make #EminentDomain2024 a great event. Here’s some of what …
Dig Property Rights? Join Our Firm As A Courtroom Property Rights Lawyer
South Carolina’s Relocation Act Benefits Are Not “Just Compensation”
A quick one from the South Carolina Supreme Court.
In Applied Building Sciences, Inc. v. South Carolina Dep’t of Commerce, No. 28184 (Jan. 17, 2024), the court held that the $50,000 cap on relocation benefits provided to ABS by South Carolina’s version of the Relocation Act was enough, and did not deprive ABS of…
Devillier Oral Argument Round-Up
One week ago today, the U.S. Supreme Court heard oral arguments in Devillier v. Texas.
We wrote up our thoughts in this post, “Rogue States: Today’s Argument In Devillier v. Texas – ‘Aren’t the Courts supposed to do something’ About Violations Of The Constitution?,” and now bring you other reports:
- Niina H.
…
No FOMO: There’s Still Room For You To Join Us In New Orleans Feb 1-3, 2024 For The 41st ALI-CLE Eminent Domain & Land Valuation Litigation Conference
Don’t miss out!
We promise: this is the last time we’re going to try to entice you to the upcoming ALI-CLE Eminent Domain & Land Valuation Litigation Conference in New Orleans. We are getting close to capacity, but there is still room. In recent years, we have standing room only in the Conference halls, and…
“The Lost World – Land Use Before Zoning” – Bound by Oath Podcast, S3 E3: Hadacheck, Buchanan
This season of the Institute for Justice‘s podcast series “Bound by Oath” is devoted to property rights. It’s a fascinating series — produced by John Ross, it is more like an audio documentary than a typical podcast — focusing on constitutional issues. And we say this not just because we’ve been a…
Rogue States: Today’s Argument In Devillier v. Texas – “Aren’t the Courts supposed to do something” About Violations Of The Constitution?
We’d guess that most people, if asked whether the courts can “do something” when the government acts beyond the authority delegated to it in the Constitution, would respond that “doing something” is exactly what courts are for.
Bottom Line Up Front
And that is what drives our BLUF on today’s Supreme Court oral arguments in…
Devillier v. Texas Argument Preview: Do Courts Need Congress’ Permission To Enforce The Right To Just Compensation?
“No need to ask, he’s a smooth operator…”
On Tuesday, January 16, 2024, the Supreme Court will hear arguments in a case we’ve been following closely because it involves the fundamental limitation on the sovereign power to take private property. In our system, the sovereign indeed has the power to take private property against the…



