It’s not quite “Yes Virginia…” but here is our annual Independence Day missive on the legal angle on the Declaration. This may have special significance as the nation is in the process of reexamining many of our assumptions and history.
inversecondemnation.com is a specialized legal blog focused on issues related to property rights, eminent domain, regulatory takings, and land use law. It provides commentary, case analysis, and updates on legal developments affecting property owners and practitioners in these areas. The site features discussions of court decisions, scholarly articles, and events such as eminent domain litigation conferences. It serves as a resource for legal professionals, scholars, and others interested in the intersection of property law and government regulation, emphasizing constitutional takings claims and related procedural and substantive issues.
If you know, you know.Sad birthday wishes to what just might be our most un-favorite decision ever, Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978), which turns 46 today. This in addition to the unhappy…
Even if the world were open today, the doors to most Hawaii state, county, and city offices would still be locked. Because Friday, April 18, 2025 is the day that Hawaii celebrates Good Friday.Yes, Good Friday is an an…
If you thought the issue of whether it is a Fifth Amendment taking for a state or local government to “keep the change” after satisfying a tax debt was settled by the U.S. Supreme Court in Tyler v. Hennepin County…
At first glance, it might seem like there’s a lot there in the U.S. Court of Appeals’ opinion in Becker v. City of Hillsboro, No. 23-3367 (Jan. 7, 2025).After all, the city’s prohibition on new private wells and another…
Check out, the latest from Professor Timothy Harris, “Revisiting Palazzolo: The Blurry Lines Between Ripeness and Standing that Enable Windfalls,” 73 Kan. L. Rev. 289 (2024). He dives into the question of whether an owner who acquires property…
Heads up law students and young lawyers: the American Bar Association’s Section of State & Local Government Law has called for submissions for its annual writing competition.Topics which the Urban Lawyer publish pieces about include land use, takings, eminent domain,…
We’re starting off the new year with some eminent domain goodness. Tim Sandefur has published “Eminent Domain in the Constitutions of Arizona, Washington, and Other States,” 18 N.Y.U. J.L. & Liberty 167 (2024).There’s a lot in the piece…
As we bid farewell to another calendar year, our mind wanders back over the last 364 days in an attempt to ascribe meaning, or even a theme — some connecting tissue — to what the scientists tell is is just…
For those of you who follow the wildfire/inverse cases (centered in, although not exclusively, California and Hawaii), you might want to check out this article by a fire engineer: Vytenis Babrauskas (aka “Dr. Fire“), “Electricity-Caused Wildland…