In Lifetime Communities, Ltd. v. City of Worthington, No. 25-3048 (Jan. 27, 2026), the U.S. Court of Appeals for the Sixth Circuit held that the city’s refusal to upzone a vacant parcel from “S-1” (which permits only parks, hospitals, churches, and other similar institutional uses) to a designation that would allow mixed-use development, was not a Penn Central taking.
Continue Reading CA6: Denial Of Rezoning Is Not A Penn Central Taking
Savannah Bound: Don’t Miss The 43rd ALI-CLE Eminent Domain & Land Valuation Litigation Conference (Jan. 22-24, 2026)
As we wrap up another year, it’s time to look ahead to the one event that always gets our eminent domain blood pumping: the annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference. Details, including faculty list, a complete agenda, and registration information is posted here.
Now in its 43rd year, this flagship gathering
Kansas: Inverse Condemnation Case Resolved By Summary Judgment Burdens
Here at inversecondemnation.com we also cover eminent domain, regulatory takings, land use, and environmental issues. We even cover election law when it strikes our fancy.
But here’s one that’s in our core competency: in Frick v. City of Salina, No. 101,355 (July 9, 2010) the Kansas Supreme Court held that property
▪ Federal Circuit Arguments on the Penn Central Factors (mp3)
Oral arguments in Cienega Gardens v. United States (Fed. Cir. No. 06-5051, Apr. 2, 2007), a case involving the application of the Penn Central ad-hoc test for regulatory takings, have been posted in two parts on the Federal Circuit’s web site: part 1 (68mb mp3), and part 2 (7mb mp3).
Also posted is the oral
▪ Land Use Trifecta: Historic Preservation, Religious Uses, and Regulatory Takings
An interesting decision from the Kansas federal district court, Mount St. Scholastica, Inc. v. City of Atchison, No. 06-2208-CM (Mar. 12, 2007), contains a land use trifecta: historic preservation, religious objections to a denial of a permit, and regulatory takings. (No link yet to opinion, which currently is only available via Westlaw; email me