Topics

42 U.S.C. § 1983 | Civil Rights

CA7: Illinois Recognizes Due Process Property In Kin's RemainsUno Reverse! CA5 Approves State Takings Remedy After Fifth Amendment Failed

Administrative law

Georgia App: We're Mere Judges Who Must Defer To The PUC On Whether A Taking Is For Public UseRI: Federal Takings Claim Must Be Ripened By Exhausting State Admin Remedies By Appealing Variance Denial

Agriculture

CA8: Filming While Trespassing Is Not Protected By First Amendment Because Owner Doesn't Surrender Right To Exclude By Opening Property To The PublicThe Doohickeys - Eminent Domain Country & Western

Appellate law

We're Going To Find Out Whether Attorneys Fees Are Part Of Just Compensation In Natural Gas Act TakingsCourthouse Steps: Pung v. Isabella County

Articles and publications

New Note On Good Faith In Eminent Domain: "Public Use on the Loose: Clarifying the Takings Clause's Public Use Requirement," 53 Pepperdine L. Rev. 729 (Megan Hoefs)New Note: Michaela R. Hill, "Not Just a Castle in the Sky: A Legal Remedy for Race-Based Takings in Virginia, 67 William & Mary L. Rev. 1497 (2026)

Attorneys Fees & Costs

Wednesday Round-UpWe're Going To Find Out Whether Attorneys Fees Are Part Of Just Compensation In Natural Gas Act Takings

Blight

New Note: Michaela R. Hill, "Not Just a Castle in the Sky: A Legal Remedy for Race-Based Takings in Virginia, 67 William & Mary L. Rev. 1497 (2026)Savannah Bound: Don't Miss The 43rd ALI-CLE Eminent Domain & Land Valuation Litigation Conference (Jan. 22-24, 2026)

Brigham-Kanner Conference

2026 Brigham-Kanner Property Rights Conference Agenda (Oct. 14-16, 2026, London)Brigham-Kanner Property Rights Journal Vol. 14 Now Available

Buyback statutes

Texas: Agreeing To Settle A Just Compensation Claim Can Trigger Repurchase Right If Govt Doesn't Use Property For Stated Purpose

Cert Petitions

New Cert Petition: Does A Property Owner Need To Seek A Legislative Change To Ripen A Takings Claim?New Cert Petition (Ours): Can Courts Choose To Avoid Constitutional Challenges To Rent Control By Making Owners Chase Pointless Denials?

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

You Snooze You Lose In The Second Circuit: No Property Interest In Challenging A Statute When You Let The Statute Of Limitations ExpireBrigham-Kanner Property Rights Journal Vol. 14 Now Available

Court of Federal Claims | Federal Circuit

CFC: Govt Ordering Destruction Of Bump Stocks Could Be A Physical Taking, But Not Exactly An ExactionAw Shucks: CAFED Agrees That Oysters Destroyed By Govt Aren't Private Property

Damagings

Virginia Supreme Court Amicus: There's A Difference Between Constitutional "Damagings" And Severance (Residue) Damages In Takings Just Compensation

Development agreements

CA4: Neighbors Can't Challenge Failed Redevelopment That Resulted Only in "Vacant And Neglected" Property Next DoorNC: If A Taking Is Determined To Lack A Public Use, Title Revests In Private Owner. If Construction Already Taken Place, Restoration Is An Available Remedy

Dirt Law

Back To School For Dirt Law @ William & Mary, Season 9CA8: Filming While Trespassing Is Not Protected By First Amendment Because Owner Doesn't Surrender Right To Exclude By Opening Property To The Public

Dirt law pilgrimages

Memorial Day 2026: Arlington National Cemetery And TakingsProperty Pilgrimage: Nectow v. City of Cambridge (1928)

Due process

Courthouse Steps: Pung v. Isabella CountyCA7: Illinois Recognizes Due Process Property In Kin's Remains

Eminent Domain | Condemnation

Back To School For Dirt Law @ William & Mary, Season 9Town Has Not Been Delegated Eminent Domain Power And Can't Just Make Up Its Own Procedures

Environmental law

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 PropertyCalifornia Coastal Commission: No Fourth of July Fireworks Because Drones Better For The Environment

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

2026 Brigham-Kanner Property Rights Conference Agenda (Oct. 14-16, 2026, London)Why Is Rent So High? We Figured Out Why Today

Excessive fines

Eighth Amendment Proprietary: Wine Without the Excessive FiningNew Article: Shelley Ross Saxer, "Forfeiture Takings, Police Power, and Necessity Destruction," 80 U. Miami L. Rev. 147 (2025)

Floods and Flooding

CA4: "Voluntariness" Of Release Of Inverse Flooding Claim Should Be Determined By Jury(Unhappy) 193d Birthday To Barron v. Baltimore, SCOTUS's First Takings Case

Historic Preservation

Property Rights Are No Candle In The Wind: LA May Designate A Dilapidated House An Historic Monument, But Only If Owner Paid CompensationToday's Dirt Law Round-Up: Zoning, Public Use, and Penn Central History

Housing

NY App Div: Requiring Property Owners To Accept Section 8 Tenants Violates Fourth AmendmentYIMBY 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."

Intellectual Property

New Cert Petition: Is Trademark Property Subject To The Same Takings Rules As Other Private Property?CFC: Govt Ordering Destruction Of Bump Stocks Could Be A Physical Taking, But Not Exactly An Exaction

Inverse condemnation

CA6: To Be A Regulatory Taking, There Must Be A RegulationCA4: "Voluntariness" Of Release Of Inverse Flooding Claim Should Be Determined By Jury

Judicial Takings

"The constitutional duty to provide just compensation arises from the act of taking private property for public use, not the formal possession of eminent domain authority." Entity Lacking Eminent Domain Power Can Be Liable For Taking PropertyNew Cert Petition: Time For PruneYard To Go

Just Compensation | Appraisal

Wednesday Round-UpWe're Going To Find Out Whether Attorneys Fees Are Part Of Just Compensation In Natural Gas Act Takings

Land use law

Back To School For Dirt Law @ William & Mary, Season 9New(ish) Substack: "Euclid Land" (Prof. Stephen Miller)

Municipal & Local Govt law

Town Has Not Been Delegated Eminent Domain Power And Can't Just Make Up Its Own ProceduresNew(ish) Substack: "Euclid Land" (Prof. Stephen Miller)

Necessity

Vermont And The Bare Necessities: Taking Was Unnecessary Because Town Didn't Bother To Meet Statutory RequirementsCAFED: Like We Said Before, "Inevitably Recurring" Flooding Is A Taking

Nollan/Dolan | Exactions

CFC: Govt Ordering Destruction Of Bump Stocks Could Be A Physical Taking, But Not Exactly An ExactionAmici Briefs In Latest SCOTUS Exactions Petition: Nollan/Dolan Governs Exactions Of Money

Penn Central

CA7: Takings Claim "has something to it," But City Requiring Owner Pay Relocation Fee To Tenants Is A "Clunky" Form Of Rent Control, So You LoseCA9, 2-1: We Have A Magic Formula To Resolve Penn Central's "Ad Hoc, Factual Inquiry" On 12(b)(6) In Every Case

Physical Invasion | Yee

CA7: Takings Claim "has something to it," But City Requiring Owner Pay Relocation Fee To Tenants Is A "Clunky" Form Of Rent Control, So You LoseNew Cert Petition: Is Trademark Property Subject To The Same Takings Rules As Other Private Property?

Pipelines

Wednesday Round-UpDeath 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."

Police Power

Property Pilgrimage: Nectow v. City of Cambridge (1928)You Don't Look A Day Over 98, Nectow v. City of Cambridge

Precondemnation entry

Property Reserve Revisited: Project? We Don't Need A Project To Do Precondemnation Entries

Property rights

Town Has Not Been Delegated Eminent Domain Power And Can't Just Make Up Its Own Procedures2026 Brigham-Kanner Property Rights Conference Agenda (Oct. 14-16, 2026, London)

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

Town Has Not Been Delegated Eminent Domain Power And Can't Just Make Up Its Own ProceduresNew Jersey: No Taking To Swap Land With Someone Else

Rail

Georgia App: We're Mere Judges Who Must Defer To The PUC On Whether A Taking Is For Public UseCal App: Skunk Train Is A Common Carrier With Power Of Eminent Domain

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

CA4: Neighbors Can't Challenge Failed Redevelopment That Resulted Only in "Vacant And Neglected" Property Next DoorCA6 Affirms Detroit Land Bank Taking: New Facts Defeat Res Judicata

Regulatory takings

CA7: Takings Claim "has something to it," But City Requiring Owner Pay Relocation Fee To Tenants Is A "Clunky" Form Of Rent Control, So You LoseNew Cert Petition: Does A Property Owner Need To Seek A Legislative Change To Ripen A Takings Claim?

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

CA7: Takings Claim "has something to it," But City Requiring Owner Pay Relocation Fee To Tenants Is A "Clunky" Form Of Rent Control, So You LoseCA9, 2-1: We Have A Magic Formula To Resolve Penn Central's "Ad Hoc, Factual Inquiry" On 12(b)(6) In Every Case

Ripeness | Knick

New Cert Petition: Does A Property Owner Need To Seek A Legislative Change To Ripen A Takings Claim?New Cert Petition (Ours): Can Courts Choose To Avoid Constitutional Challenges To Rent Control By Making Owners Chase Pointless Denials?

RLUIPA | religious land use

SCOTUS Will Answer Whether Williamson County Final Decision Ripeness Governs Free Exercise ClaimsToday Is Hawaii's Secular Good Friday State Holiday - What's Up With That?

Schadenfreude

Best Stringcite. Ever.Uno Reverse! CA5 Approves State Takings Remedy After Fifth Amendment Failed

Search and Seizure | 4A

Wednesday Round-UpNY App Div: Requiring Property Owners To Accept Section 8 Tenants Violates Fourth Amendment

Shoreline | CZMA

California Supreme Court Reins In The Most Unaccountable Agency In The Nation, The California Coastal CommissionCalifornia Coastal Commission: No Fourth of July Fireworks Because Drones Better For The Environment

Sovereign Immunity | 11th Amendment

Texas: Agreeing To Settle A Just Compensation Claim Can Trigger Repurchase Right If Govt Doesn't Use Property For Stated PurposeNew Cert Petition (Ours): Is A State Immune From Takings Claims (Even In Its Own Courts)?

State Constitutions

Uno Reverse! CA5 Approves State Takings Remedy After Fifth Amendment FailedVirginia Supreme Court Amicus: There's A Difference Between Constitutional "Damagings" And Severance (Residue) Damages In Takings Just Compensation

Statute of limitations

"The constitutional duty to provide just compensation arises from the act of taking private property for public use, not the formal possession of eminent domain authority." Entity Lacking Eminent Domain Power Can Be Liable For Taking Property

SWAT Takings

Uno Reverse! CA5 Approves State Takings Remedy After Fifth Amendment Failed

Tyler takings

Wednesday Round-UpCourthouse Steps: 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

CA1: Claim That Administrative "Cut" Of Just Compensation Deposits Is A Taking Were Stayed By Puerto Rico BankruptcyThe Verified Complaint In Equity: The Declaration Of Independence, v.250

Vacation rentals

Too Soon: Challenge To Vermont City's Short-Term Rental Limitations Must Wait Until City Comes After YouTex App: Like We Said Before, Property Owners Are Likely To Succeed In Challenge To Short-Term Rental Ban

Vested rights

Property Rights Are No Candle In The Wind: LA May Designate A Dilapidated House An Historic Monument, But Only If Owner Paid CompensationUno Reverse: Iowa Says That Until Government Regulates, Your Expectations To Use Your Property Can Never "Crystallize"

Voting rights | election law

Euclid's "Neighborhood Character" Vibe, Exemplified In Land Use Fight In The Heart Of The Napa ValleyOne City, Many Votes: Cal App OK's Municipal Sleight-of-Law To Permit City To Impose Fees... On Itself (And Others)

Water rights | Public trust

Wednesday Round-UpTexas A & M Journal of Property Law Symposium Report: "Day Zero: How Cities Run Out of Water"

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

CA6: You Have Not Yet Crossed The Rubicon Chump, And You Have No Right To Expect Govt To Act In A Timely FashionNew(ish) Substack: "Euclid Land" (Prof. Stephen Miller)