Clint Schumacher’s Eminent Domain podcast is one of those things that we almost shouldn’t post about. After all, every episode is worth your time. But this one is especially good. After all, it features our law firm colleague and friend Jon Houghton, discussing what you all know is one of our fave topics, regulatory
Hear Me! Hear This! This Was Not Written For Chiefs! – Happy Constitution Day 2022
On the day we celebrate Constitution Day (or should we say Khaaaaan-stitution Day?) we have to admit that pretty much nothing beats One Named Kirk’s reading of the Preamble.
KIRK: This was not written for chiefs.Hear me! Hear this! Among my people, we carry many such words as this from many lands…
Still Time To Join Us (In-Person Or Remote) For The 19th Annual Brigham-Kanner Property Rights Conference
One last reminder that there’ still time to register for the upcoming Brigham-Kanner Property Rights Conference at the William and Mary Law School in Williamsburg, Virginia, September 29-30, 2022. If you can’t make it to the historic campus, there’s an option to attend remotely.
In our opinion, the Conference is the best of its kind…
CA6: No “Police Power” Exception To Takings (But It’s Nonetheless Dispositive As Penn Central’s Character)
A short one (unpublished) from the U.S. Court of Appeals for the Sixth Circuit, considering an issue we’ve been following: what is the effect of the government’s claim that it is regulating property for what looks like a valid “police power” purpose?
As noted, that’s a road we’ve been down before. Here’s a sampling:
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New Symposium: Northwestern L. Rev.’s Property Issue
Be sure to check out Northwestern Law Review’s symposium issue on “Reimagining Property Rights in the Era of Inequality.” which brought together “scholars of legal history, property, tax, land use, fair housing, environmental law, natural resources and water rights, family law, education, and constitutional law, to highlight new scholarship at the intersection of…
New Must-Read Article: “Cedar Point Nursery and the End of the New Deal Settlement” – Property Rights Are Civil And Human Rights
Here’s your must-read for today, a new article from U. Va. lawprof Julia D. Mahoney, “Cedar Point Nursery and the End of the New Deal Settlement.”
Disclosure: we show up in footnote * along with others for offering “comments and conversations” about the piece.
Here’s the Abstract:
In Cedar Point Nursery v.
It’s The Vibe! – Eminent Domain In Pop Culture
Be sure to check out Anthony Alderman (MRICS, SR/WA, CRE, Senior Managing Director at Cushman & Wakefield), who guests on Episode 98 of Clint Schumacher’s Eminent Domain Podcast, “Eminent Domain in Pop Culture.”
You know we are going to really appreciate an episode “about depictions of eminent domain in popular culture – often…
Indiana: Before Taking Property, Condemnor Must Provide Notice Reasonably Calculated To Put The Owner On Actual Notice
Here’s the latest in a controversy we’ve been following.
In 624 Broadway LLC v. Gary Housing Authority, No. 22S-CT-140 (Aug. 29, 2022), the Indiana Supreme Court held that the Authority failed to provide the property owner adequate notice that it would be taking its property as part of a redevelopment project.
The Gary…
They Say It’s Your Birthday, Well It’s Our Birthday Too, Yeah!
Every year at this time, it seems, we’re realizing again that as you get older, you forget birthdays. It occurred to us only over this past weekend that that this blog’s “birthday” was looming and we almost let it slip by without notice. It hardly seems like sixteen years ago that we posted here for…
CA3: Claim That Govt Is Keeping Property Seized (But Not Used) As Evidence “checks all the Fifth Amendment boxes.”
The facts are pretty straightforward in the U.S. Court of Appeals’ opinion in Frein v. Pennsylvania State Police, No. 21-1830 (Aug. 30, 2022):
Eric Matthew Frein is on death row for cold-blooded murder. In 2014, he ambushed two Pennsylvania State Troopers, killing one and injuring the other. For a while, he evaded capture. Police…


