Yesterday’s U.S. Supreme Court’s 8-1 decision in Havana Docks Corp. v. Royal Carribean Cruises, Ltd., No. 24-983 (May 22, 2026) involves a taking without compensation (although not the type of taking we usually discuss here) by the then-new communist government of Cuba. But it does give us some insight to how the Court views property. In this case, the term “property” as defined in a federal statute creating a private right of action against someone who traffics in property seized by the Cuban communist government after the 1959 revolution.
Continue Reading Usufruct That! Some Clues On How SCOTUS Views Property As “Physical Things” And Not Just Sticks Or Interests

