Topics

42 U.S.C. § 1983 | Civil Rights

New Cert Petition (Ours): Must A Due Process Claimant Exhaust State Remedies?New Article: Timothy Harris, "The Contracts Clause Can be Enforced via Section 1983, Period: The Nonexistent Circuit Court 'Split'," 78 SMU L. Rev. Forum 106 (2025)

Administrative law

RI: Federal Takings Claim Must Be Ripened By Exhausting State Admin Remedies By Appealing Variance DenialCA6 Adds To Williamson County Resurrection: You "Forfeit" Your Takings Claim When You Don't Exhaust Administrative Procedures To Ask For Compensation

Agriculture

The Doohickeys - Eminent Domain Country & WesternTexas: Liquid Oil And Gas Waste Belongs To Mineral Owner

Appellate law

New Cert Petition (Ours): Must A Due Process Claimant Exhaust State Remedies?Unpublished Monday: Anarchy Takings, Highest And Best Use, Inverse Statute Of Limitations

Articles and publications

Harvard Law Review Recent Case Summary: Eleventh Circuit Used A "Novel" Remedies Test To Hold The Just Compensation Clause Is Self-ExecutingNew Article: Bob Grace, "Assessing Change in Market Value of Rural Real Property Post-Wildfire in the Great Plains" (Appraisal Journal)

Attorneys Fees & Costs

South Dakota: Eminent Domain "is a highly specialized area of law that requires skill and experience..." Meriting Attorney's Fee Lodestar EnhancementHawaii Supreme Court: Beachfront Property Is Worthless

Blight

Savannah Bound: Don't Miss The 43rd ALI-CLE Eminent Domain & Land Valuation Litigation Conference (Jan. 22-24, 2026)CA4: No Property Right To Conduct A Business, So No Taking For Police Response To Area Crime Surge

Brigham-Kanner Conference

2026 Brigham-Kanner Property Rights Prize To Professor James PennerSalus Populi Est Suprema Lex: 2025 Brigham-Kanner Property Rights Conference Report

Civil Forfeiture

CA10: Takings Clause Means Never Having To Administratively Ask To Get Your Property BackNew Article (Eric Claeys): "Takings and Choice of Law After Tyler v. Hennepin County"

Co-19

Harvard Law School's Moot Court Problem This Year? Takings.CA11: "[T]here is no COVID exception to the Takings Clause"

Contracts Clause

New Cert Petition - Time To Resolve Contract Clause Circuit Split: Can You Raise A Claim Via Section 1983?Should We Make Anything Of The Supreme Court's Denial Of Four Property Rights Petitions?

Court of Federal Claims | Federal Circuit

CAFED: We Can't Tell Whether There's Been A Physical Taking, Because You Haven't Explained Well Enough What Property Interest You Have In Using Radio FrequenciesCAFED: Where The Government Chooses To Not Condemn But Allows It To Happen, It "Bears The Risk" That The Property Taken Is More Than The Government Wants To Pay For

Development agreements

NC: If A Taking Is Determined To Lack A Public Use, Title Revests In Private Owner. If Construction Already Taken Place, Restoration Is An Available RemedyCA8: You Believed The County When It Promised In The Settlement Agreement To Not Take Your Land In The Future? Shame On You!

Dirt Law

New Cert Petition: Do Indian Tribes Have Greater Sovereign Immunity Than Other Governments?2026 Future of Property Law Conference, University of Hawaii Law School

Due process

New Cert Petition (Ours): Must A Due Process Claimant Exhaust State Remedies?CA8: Requirement To Abate Nuisance Isn't A Taking

Eminent Domain | Condemnation

Latest inversecondemnation.com SwagPost-Kelo Amendments To Louisiana Constitution Prohibit Taking To Lease To Private Company For Its Own Use (Even If The Fifth Amendment Might Allow It)

Environmental law

Kilo-Class Subs? Yes, We Covered That. Dusting Off Our Admirals' SCOTUS Amicus Brief In Sonar EIS Case: The Real-World Consequences Of Environmental LawThere Will Be Takings: New Complaint Challenging California's "Sensitive Receptor" Setback Statute

Equal Protection

YIMBY v NIMBY In Montana Supreme Court: "housing reform statutes do not violate the right to equal protection solely because the law treats people not subject to private covenants differently."Who Cares Your "Evidence" Shows This Is Just An Old Part Of Chicago - All That Matters Is The City Says It's Historic

Events | Conferences

Why Is Rent So High? We Figured Out Why TodayTexas A & M Journal of Property Law Symposium Report: "Day Zero: How Cities Run Out of Water"

Excessive fines

New Article: Shelley Ross Saxer, "Forfeiture Takings, Police Power, and Necessity Destruction," 80 U. Miami L. Rev. 147 (2025)SCOTUS Merits Brief (Ours) In Just Comp/Excessive Fines Case

Floods and Flooding

(Unhappy) 193d Birthday To Barron v. Baltimore, SCOTUS's First Takings CaseCAFED: Where The Government Chooses To Not Condemn But Allows It To Happen, It "Bears The Risk" That The Property Taken Is More Than The Government Wants To Pay For

Historic Preservation

Today's Dirt Law Round-Up: Zoning, Public Use, and Penn Central History"This Was Not Written For Chiefs!" - Happy Constitution Day 2025

Housing

YIMBY v NIMBY In Montana Supreme Court: "housing reform statutes do not violate the right to equal protection solely because the law treats people not subject to private covenants differently."Why Is Rent So High? We Figured Out Why Today

Intellectual Property

CA1: Government's Use Of Roberto Clemente Trademark Isn't A Categorical Physical Invasion TakingThursday Round Up: Pretextual Takings, Squatting, Unconstitutional Conditions

Inverse condemnation

NC: Raise Your Inverse Claim In The Eminent Domain Case...Or ElseOhio: City Can Be Liable For Inverse Condemnation Of Land Outside Its Geographic Jurisdiction

Judicial Takings

CA9: District Court's Contempt Order Isn't A Judicial TakingBreaking News: Come Join Us For The 42d ALI-CLE Eminent Domain & Land Valuation Litigation Conference, San Diego, Jan 30-Feb 1

Just Compensation | Appraisal

New Article: Bob Grace, "Assessing Change in Market Value of Rural Real Property Post-Wildfire in the Great Plains" (Appraisal Journal)Lighter Moments In Yesterday's SCOTUS Takings Arguments

Land use law

YIMBY v NIMBY In Montana Supreme Court: "housing reform statutes do not violate the right to equal protection solely because the law treats people not subject to private covenants differently."Join Us At The Rocky Mountain Land Use Institute (Denver) To Talk Sheetz, And Housing

Municipal & Local Govt law

Join Us At The Rocky Mountain Land Use Institute (Denver) To Talk Sheetz, And HousingCA8: Requirement To Abate Nuisance Isn't A Taking

Necessity

CAFED: Like We Said Before, "Inevitably Recurring" Flooding Is A TakingNew Article: Shelley Ross Saxer, "Forfeiture Takings, Police Power, and Necessity Destruction," 80 U. Miami L. Rev. 147 (2025)

Nollan/Dolan | Exactions

New Article (Fennell & Mulvaney): "The Exactions Illusion: Sheetz’s Missing Dissent," 135 Yale L.J. 1143 (2026)Join Us At The Rocky Mountain Land Use Institute (Denver) To Talk Sheetz, And Housing

Penn Central

CA6: Denial Of Rezoning Is Not A Penn Central TakingCAFED: Like We Said Before, "Inevitably Recurring" Flooding Is A Taking

Physical Invasion | Yee

CA1: Government's Use Of Roberto Clemente Trademark Isn't A Categorical Physical Invasion TakingCAFED: Like We Said Before, "Inevitably Recurring" Flooding Is A Taking

Pipelines

Death By A Thousand Days: The Courts "have enabled interest groups to transform the bench into a tool to stymie any new development. It is long past time to correct our mistake."CA8: Local Ordinances Regulating Pipelines Are Preempted By State And Federal Pipeline Law

Police Power

Symposium: "Euclid Turns 100: Rethinking an Antiquated Case and Reimagining Euclidean Zoning for the Century Ahead"2026 Future of Property Law Conference, University of Hawaii Law School, Feb 13, 2026 (Live & Webcast)

Property rights

Latest inversecondemnation.com SwagNew Cert Petition: Do Indian Tribes Have Greater Sovereign Immunity Than Other Governments?

Property tax

Income As Property, And Washington's New "Millionaire Tax""The Fifth Amendment does not require an auction; it requires payment of just compensation" - Owner's Reply In SCOTUS Just Comp/Excessive Fines Case

Public Use | Kelo

Post-Kelo Amendments To Louisiana Constitution Prohibit Taking To Lease To Private Company For Its Own Use (Even If The Fifth Amendment Might Allow It)Today's Dirt Law Round-Up: Zoning, Public Use, and Penn Central History

Rail

Cal App: Skunk Train Is A Common Carrier With Power Of Eminent DomainBreaking News: Come Join Us For The 42d ALI-CLE Eminent Domain & Land Valuation Litigation Conference, San Diego, Jan 30-Feb 1

Rails-to-Trails

CA10 On Causby, Open Range, And Corner Crossings: Owners Have A Right To Exclude, But Not If Doing So Fully Encloses Public LandsCFC: Attorneys Fee Shifting "incentivizes the government to negotiate fairly, minimize delays, and avoid frivolous takings"

Redevelopment

CA6 Affirms Detroit Land Bank Taking: New Facts Defeat Res JudicataHere's The Agenda For The 2025 Brigham-Kanner Property Rights Conference (Oct. 23-24, 2025)

Regulatory takings

Harvard Law Review Recent Case Summary: Eleventh Circuit Used A "Novel" Remedies Test To Hold The Just Compensation Clause Is Self-ExecutingSay What? CA4: Takings Claim Not Ripe Because Owner Could Always Change The Law

Relocation | URA

There's Still Time To Join Us In Savannah (Jan. 21 - 24, 2026) For ALI-CLE's 43d Eminent Domain & Land Valuation Litigation ConferenceThe Doohickeys - Eminent Domain Country & Western

Rent Control

CA9: Pharma Has No Expectation Of Nondisclosure, So State Disclosing Trade Secrets Is Not A Penn Central TakingCal App: No Fair Return Procedures Required Unless You First Show Lack Of Fair Return

Ripeness | Knick

RI: Federal Takings Claim Must Be Ripened By Exhausting State Admin Remedies By Appealing Variance DenialNew Cert Petition (Ours): Must A Due Process Claimant Exhaust State Remedies?

RLUIPA | religious land use

CA6: RLUIPA Claim Subject To Williamson County Final Decision Ripeness Because It's A "Land Use" IssueRestriction In Gov't-Granted Deed Limiting Uses To "Church purposes" Can't Be Enforced

Schadenfreude

How's That Again?Hawaii Court Of Appeals: Elephants Are Not "Persons"

Search and Seizure | 4A

Call For Articles: Fourth Amendment - Property Or Expectations?CA7: No Taking For SWAT Destroying Property While Executing Valid Warrant

Shoreline | CZMA

Hawaii Supreme Court: Beachfront Property Is WorthlessSCOTUS Hat Trick? Houseboat Guy Returns For Shot At Lucas Ripeness

Sovereign Immunity | 11th Amendment

New Cert Petition (Ours): Is A State Immune From Takings Claims (Even In Its Own Courts)?Harvard Law School's Moot Court Problem This Year? Takings.

State Constitutions

Post-Kelo Amendments To Louisiana Constitution Prohibit Taking To Lease To Private Company For Its Own Use (Even If The Fifth Amendment Might Allow It)Tex App: Like We Said Before, Property Owners Are Likely To Succeed In Challenge To Short-Term Rental Ban

Tyler takings

Lighter Moments In Yesterday's SCOTUS Takings ArgumentsTranscript And Audio From Today's SCOTUS Takings And Excessive Fine Arguments (Pung v. Isabella County)

UIPA - Public Records Law

Tex App: A Fight Over Who Owns A Historic Letter Isn't A Takings ProblemNo FOMO: There's Still Room For You To Join Us In New Orleans Feb 1-3, 2024 For The 41st ALI-CLE Eminent Domain & Land Valuation Litigation Conference

Uncategorized

Sunny (And Not So Sunny) Days At The 2026 Rocky Mountain Land Use InstituteNew Cert Petition (Ours): Is A State Immune From Takings Claims (Even In Its Own Courts)?

Vacation rentals

Tex App: Like We Said Before, Property Owners Are Likely To Succeed In Challenge To Short-Term Rental BanTex App: Challengers Likely To Succeed On Due Course Of Law Claim For Short-Term Rental Ban

Vested rights

Tex App: Like We Said Before, Property Owners Are Likely To Succeed In Challenge To Short-Term Rental BanHouston Says 'Welcome!' - What Happens When Another City Has No Zoning?

Voting rights | election law

One City, Many Votes: Cal App OK's Municipal Sleight-of-Law To Permit City To Impose Fees... On Itself (And Others)County: We're Short Of Housing, So Let's Do Rent Control! Court: Not So Fast.

Water rights | Public trust

Texas A & M Journal of Property Law Symposium Report: "Day Zero: How Cities Run Out of Water"TAMU Law's Journal Of Property Law 2026 Symposium: "Day Zero: How Cities Run Out of Water" (Feb 6, 2026)

Wildfires | Flooding

New Article: Bob Grace, "Assessing Change in Market Value of Rural Real Property Post-Wildfire in the Great Plains" (Appraisal Journal)2025 Rocky Mountain Land Use Institute, Denver (March 5-7, Denver U. Law School)

Zoning & Planning

YIMBY v NIMBY In Montana Supreme Court: "housing reform statutes do not violate the right to equal protection solely because the law treats people not subject to private covenants differently."Why Is Rent So High? We Figured Out Why Today