Here are a three upcoming state-based eminent domain conferences, brought to you by CLE International: California, Texas, and Virginia.
Continue Reading Register Now For State Eminent Domain Conferences (California, Texas, Virginia)
“The Fifth Amendment does not require an auction; it requires payment of just compensation” – Owner’s Reply In SCOTUS Just Comp/Excessive Fines Case
Here’s the Reply Brief in a case we’ve been following (naturally, because it is one of ours).
This is the case where the Court is reviewing the question of the amount of just compensation the county is obligated to provide, if any, for seizing the title to, and then auctioning off Pung’s property to satisfy his debt for unpaid property taxes. The county asserts Pung is entitled to only the proceeds, if any, from the auction (no matter what). Pung asserts he is entitled to just compensation, and that the lower court erroneously presumed that the auction proceeds met that standard.
Continue Reading “The Fifth Amendment does not require an auction; it requires payment of just compensation” – Owner’s Reply In SCOTUS Just Comp/Excessive Fines Case
CA8: Requirement To Abate Nuisance Isn’t A Taking
A short one from the U.S. Court of Appeals for the Eighth Circuit that we’ve been meaning to post for a while.
In reVamped LLC v. City of Pipestone, No. 25-1076 (Dec. 23, 2025), the court concluded that the city’s issuance of a closure order to reVamped after the business ended up on the
New Cert Petition (Ours): Is A State Immune From Takings Claims (Even In Its Own Courts)?
Check this out, a new cert petition filed yesterday.
As the title of this post notes, this is one of ours. So we won’t be making substantial commentary on it.
But we can say that a sharply-divided Arkansas Supreme Court held that BAS’s Tyler takings claim for the State Lands Commissioner’s failure to return
CA6: Denial Of Rezoning Is Not A Penn Central Taking
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
We’re Underway At The 43d American Law Institute Eminent Domain & Land Valuation Conference, Savannah
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)
CA1: Government’s Use Of Roberto Clemente Trademark Isn’t A Categorical Physical Invasion Taking
We’re deep in the throes of winter, and spring training won’t start for another month, but for those of you who are fans of the National Pastime — particularly if you are like us and a child of 1970’s baseball — then be sure to check out the U.S. Court of Appeals for the First Circuit’s recent opinion in Clemente Properties, Inc. v. Pierluisi-Urrutia, No. 23-1922 (Jan. 16, 2026).
Continue Reading CA1: Government’s Use Of Roberto Clemente Trademark Isn’t A Categorical Physical Invasion Taking
There’s Still Time To Join Us In Savannah (Jan. 21 – 24, 2026) For ALI-CLE’s 43d Eminent Domain & Land Valuation Litigation Conference
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
Yale J. Reg. Symposium On Kelo’s Twentieth
No better way to start 2026 than to check out the Yale Journal of Regulation‘s (the self-labeled “Nation’s Top-Ranked Administrative and Corporate Law Journal”), for its symposium on the twentieth anniversary of the Kelo case.
Featuring authors who readers of this blog will recognize (all the big names), the symposium features articles you
CAFED: Like We Said Before, “Inevitably Recurring” Flooding Is A Taking
Here’s the latest in an issue we’ve been following.
In Alban v. United States, No. 23-1363 (Dec. 22, 2025), the U.S. Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims’s judgment concluding that the failure of the Corps of Engineers to properly operate two dams, which resulted in upstream