A bit of self-promotion this Friday. Our shop put out a short video (above) and print ad (below) to capture the vibe of why owners may object when their property is threatened by eminent domain, especially when that property
As the caption of the U.S. Court of Appeals for the Eighth Circuit’s opinion in People for the Ethical Treatment of Animals, Inc. v. Reynolds, No. 25-1750 (Apr. 23, 2026), might indicate, this is a case about animal-rights activists
We like seeing student-authored pieces in our areas of interest, especially those where the subject is eminent domain. Here’s another example. In “Public Use on the Loose: Clarifying the Takings Clause’s Public Use Requirement,” author Megan Hoefs focuses on the
You remember when the Court of Federal Claims denied the government’s motion to dismiss a takings claim and issued a very readable opinion rejecting the argument that oysters planted on submerged land leased from Louisiana are not “private property.” The
Here’s a recently-filed cert petition which asks this Question Presented: “Is the application of a prudential rule of exhaustion, where the only relief is voluntary cessation of government’s physical possession, a decision on the merits of an uncompensated Takings Clause
Worth reading: a new (student-authored) piece, Michaela R. Hill, Not Just a Castle in the Sky: A Legal Remedy for Race-Based Takings in Virginia, 67 Wm. & Mary L. Rev. 1497 (2026). Here’s the summary: “This Note argues that Virginia….”
Here’s the latest in a case we’ve been following for a long time. In Baker v. City of McKinney, No. 25-40396 (May 22, 2026), the U.S. Court of Appeal for the Fifth Circuit, in an unsigned per curiam opinion approved
Here’s a just-filed cert petition, which poses a question that has been around since at least 1980: when third parties enter private property under color of state law against the wishes of the owner, is this a taking? That’s right,
Yes, the U.S. Court of Appeals for the Sixth Circuit’s opinion in Banks v. Charter Twp. of Bloomfield, No. 25-1833 (Apr. 28, 2026) is unpublished, and we usually don’t cover unpublished opinions. But we put aside our usual reluctance to
Programming note: On the weekend we’ve set aside to remember our nation’s war dead, we thought we’d repost this one, about how Arlington National Cemetery came to be. And yes, there’s a takings story there.
