due process

Newly released: the Federalist Society’s “Courthouse Steps” series covers Pung v. Isabella County, where the U.S. Supreme Court held that “just compensation” for Tyler takings is usually measured by the surplus after a tax sale and not fair market value of the property, unless the tax sale process is unfair or skewed. Here’s…

Here’s a cert petition that asks whether a local government (here, the granola-swanky Marin County, California) as a condition of approving a building permit may require a property owner to restrict uses of the land to commercial agriculture, and bind all future owners of the property as well. Because this is one of ours, we won’t be going into great detail but will instead leave it to you, starting with the Questions Presented.
Continue Reading New Cert Petition: Can You Be Forced To Be A Farmer Under The Police Power?

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. …
Continue Reading New Cert Petition (Ours): Must A Due Process Claimant Exhaust State Remedies?

Here’s one you don’t want to miss. Lawprof Shelley Ross Saxer has published “Forfeiture Takings, Police Power, and Necessity Destruction,” 80 U. Miami L. Rev. 147 (2025).

Here’s the Abstract:

Civil forfeiture laws allow law enforcement to seize property when there is probable cause it has been used or possessed in violation of…