The Illinois Appellate Court held that issues of causation can be part of an appraisal process. Xaing Zhoa v. State Farm Fire & Cas., Co., 2025 Ill App. LEXIS 903 (Ill. App. Ct. May 12, 2025).
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Damon Key Leong Kupchak Hastert Blogs
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Va App: When Statute Requires Condemnor Provide 60-Year History Examination Of Title But It Doesn't Do So, Guess What?
A short one from the Virginia Court of Appeals. Very Virginia-specific, but there are lessons here for those of you outside the Old Dominion.
In City of Virginia Beach v. Mathias, No. 2073-23-1 (June 10, 2025), the court held…
Happy 810th (The) Magna Carta (Charta) Day!
810 years ago today* on a grassy plain down by the river, the barons convinced bad King John to affix his seal to Magna Carta. Or the Magna Carta. Or Magna Charta. However you want to grammarize it. (And…
And The 2025 Brigham-Kanner Property Rights Prize Goes To…Professor William Fischel
Here’s news we’ve been waiting for.
The William and Mary Law School announced that Professor William Fischel will be awarded the 2025 Brigham-Kanner Property Rights Prize at the annual conference in Williamsburg in October 2025.
The Brigham-Kanner Property Rights Prize…
CA8: Local Ordinances Regulating Pipelines Are Preempted By State And Federal Pipeline Law
A short one from the U.S. Court of Appeals for the Eighth Circuit.
In Couser v. Shelby County, No. 23-3758 (June 5, 2025), the court held that local ordinances which were adopted after a pipeline company announced plans to…
New Article: Note, “Background Principles” and the General Law of Property, 138 Harv. L. Rev. 2071 (June 2025)
Here’s the latest, a student-authored note, “‘Background Principles’ and the General Law of Property,” 138 Harv. L. Rev. 2071 (2025).
Here’s the argument:
Background principles are a strong medicine. When a court analyzes a takings claim, it must…
Virginia Court of Appeals Finds Appraisal Award Not Reviewable under Arbitration Statute
By Tred Eyerly
The Virginia Court of Appeals affirmed the trial court’s conclusion that an appraisal award was not an arbitration award reviewable under the arbitration statute. Church Mutual Ins. Co., S.K. v. Ephesus Richmond Seventh-Day Adventist Church, 2025 Va. App.…
New Podcast: "Property Rights, Regulation, and the Rule of Law with Donald Kochan"
Check out the latest episode of the Lunch Hour Podcast, featuring lawprof Donald Kochan, “Property Rights, Regulation, and the Rule of Law.”
Here’s the description:
In this episode of The Lunch Hour with Federal Newswire, host…
Florida: Taxi Licenses May Have Been Declared "Private Property," But They Aren't Actually Private Property
In Bojorquez v. Florida, No. SC2023-0095 (June 5, 2025), the Florida Supreme Court reached a decision that a lot of other courts have reached: taxi licenses are not “private property” and therefore there’s no taking when the government…
Negligence Claims against Insurance Agent Fail
By Tred Eyerly
The insureds’ suit against their agent for procuring an inadequate policy was dismissed with leave to amend. Pennington v. United States Assure Ins. Servs. of Fla, Inc., et al., 2025 U.S. Dist. LEXIS 82529 (N.D. Calif. April 30,…