eminent domain

In Plaquemines Port Harbor & Terminal District v. Nguyen, No 2025-C-00827 (Mar. 6, 2026), the Louisiana Supreme Court invalidated a quick take by the Port of a vacant 29-acre parcel, because the property was to be leased to “a private company for its exclusive development and use.” Slip op. at 1. [Disclosure: our shop filed an amicus brief, so we had a dog in the hunt.]
Continue Reading Post-Kelo Amendments To Louisiana Constitution Prohibit Taking To Lease To Private Company For Its Own Use (Even If The Fifth Amendment Might Allow It)

Here’s what’s on our radar screen today: Anthony Flint, How Zoning Won (Bloomberg) (“In 1926, the Supreme Court’s Euclid decision enshrined zoning in US cities. On its 100th anniversary, academics gathered to reflect on the landmark ruling’s mixed legacy.”)
Continue Reading Today’s Dirt Law Round-Up: Zoning, Public Use, and Penn Central History

You know the drill: DOT takes property and pays compensation for that as part of the project. But the project also resulted in elimination of what was the “shortest indirect access route” to the subject property from the public road, for which the DOT did not pay compensation. Question: is the owner who loses such access entitled to compensation?
Continue Reading SD: Closure Of Intersection And Loss Of Access Is Not Compensable Special Injury

We’re spending the day at the alma mater, talking alongside some of the luminaries in the field (lawprofs Thomas Mitchell, Henry Smith, John Inafranca, Thomas Merrill, and Pamela Sameulson, among others) about our favorite topics: dirt law and property rights. This is the “Future of Property Rights” Conference that we mentioned not long ago at the University of Hawaii Law School.
Continue Reading 2026 Future of Property Law Conference, University of Hawaii Law School

The view from the podium

That’s right. More than 300 of the nation’s best eminent domain lawyers, judges, appraisers, right-of-way agents, scholars, and other industry professionals are in Savannah for the next two and a half days for what is now known as the American Law Institute (“ALI” alone, no longer with the “-CLE” addition)

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

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