right to exclude

The salient features of New Mexico’s elk management program, including the state’s introduction and efforts to build up the population of elk, the EPLUS (“elk private lands use system”), the mitigation assistance program, and the introduced elk becoming a nuisance, to private property owners are common in these type of things. But like a lot of what we call “wildlife” takings (like this and this, for example), the decision of the New Mexico Court of Appeals in Kiehne v. New Mexico Dep’t of Game and Fish, No. A-1-CA-42309 (June 3, 2026), does not go well for the owners.
Continue Reading Even Though They Have A “Relationship,” Those Elk The State Introduced Are Wildlife Not State Elk, So No Physical Taking When They Invade And Damage Private Property

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

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”