A river in New Mexico. (Not the river in this case, obviously.)

CA10 (2-1) Avoids Takings Claim Because Complaint Doesn’t Plausibly Allege Owners Had Right To Exclude Before New Mexico Supreme Court Changed The Law

By Robert H. Thomas on April 22, 2026

There’s a lot to like the panel opinion from the U.S. Court of Appeals for the Tenth Circuit in Sanchez v. Torres, No. 25-2009 (Apr. 21, 2026), even though the court ultimately rejected the claim the State of New Mexico had taken the plaintiffs’ property right to exclude the public. [Note: this is one where we rep the property owners, so we won’t be adding a lot of commentary.]…
Continue Reading CA10 (2-1) Avoids Takings Claim Because Complaint Doesn’t Plausibly Allege Owners Had Right To Exclude Before New Mexico Supreme Court Changed The Law

New Article (Lawprof Molly Brady): “Property v. Guns: The Level-of-Generality Problem in Wolford”

By Robert H. Thomas on February 10, 2026

Check it out, an in-progress piece from lawprof Molly Brady, “Property v. Guns: The Level-of-Generality Problem in Wolford.”

This delves into the issue we posted about last week, the Second Amendment and the right to exclude, an issue argued recently before the U.S. Supreme Court.
Continue Reading New Article (Lawprof Molly Brady): “Property v. Guns: The Level-of-Generality Problem in Wolford”