We were all set to offer our deep thoughts about the recently-published opinion of the California Court of Appeal in Mendocino Railway v. Meyer, No. A168497 (Jam. 7, 2026), which held that the Skunk Train (a “train to nowhere” that carries tourists up in California’s redwood country) is a “common carrier” with the power

In an earlier post (“CAFED: Like We Said Before, “Inevitably Recurring” Flooding Is A Taking“), we covered the U.S. Court of Appeals for the Federal Circuit’s recent opinion in Alban v. United States, No. 23-1363 (Dec. 22, 2025), which held that the failure of the Corps of Engineers to properly operate two

A reminder: there’s still time to join us for the upcoming American Law Institute-CLE Eminent Domain & Land Valuation Litigation Conference in Savannah.

Now in its 43rd year, this flagship gathering remains the undisputed national hub for practitioners, academics, appraisers, and anyone else who lives and breathes property and eminent domain law. We will

You know the deal: property owner is sued by government to condemn her land. The owner believes that action doesn’t cover all of the property or interests that the government is actually taking. What to do next? Counterclaim in the eminent domain action, or separate inverse case?

There’s no one answer, and different jurisdictions have

No better way to start 2026 than to check out the Yale Journal of Regulation‘s (the self-labeled “Nation’s Top-Ranked Administrative and Corporate Law Journal”), for its symposium on the twentieth anniversary of the Kelo case.

Featuring authors who readers of this blog will recognize (all the big names), the symposium features articles you

Here’s the latest in an issue we’ve been following.

In Alban v. United States, No. 23-1363 (Dec. 22, 2025), the U.S. Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims’s judgment concluding that the failure of the Corps of Engineers to properly operate two dams, which resulted in upstream

William and Mary Law School’s Property Rights Project has announced that Professor James E. Penner (Kwa Geok Choo Professor of Property Law at the National University of Singapore) will be awarded the 2026 Brigham-Kanner Property Rights Prize.

This is in keeping with the international theme in the 2026 Brigham-Kanner Property Rights Conference, which will

We start off 2026 with some good news: after a short hiatus (explained in the episode), Bobby Debelak’s Eminent Domain Podcast is back with Episode 150: “Year in Review and ALI-CLE Preview.”

And we get to join him!

Here’s how Bobby describes the episode:

Bobby returns to the podcast after a brief

We start off 2026 with some good news: after a short hiatus (explained in the episode), Bobby Debelak’s Eminent Domain Podcast is back with Episode 150: “Year in Review and ALI-CLE Preview.”

And we get to join him!

Here’s how Bobby describes the episode:

Bobby returns to the podcast after a brief