Check out the new report by our Pacific Legal Foundation colleagues Kyle Sweetland and Brian Hodges, “How to Protect Property Rights from Improperly Assessed Exactions” (Apr. 2025).
This research in brief shows how exactions grew and increased
Property Law
CA6: The Predeprivation Hearing Required By Due Process Can't Just Exist On Paper (And An Informal, And Possibly Made-Up Chance To Negotiate Isn't Enough)
We’ve had this one in our queue for a bit, but it seems now is a good time to lay out the U.S. Court of Appeals for the Sixth Circuit’s opinion in McIntosh v. Madisonville, No. 24-5383 (Jan. 21,…
The Rise in Judicial Sale Surplus Cases and the Role of Illinois Condominium and Homeowners Associations
In recent years, there has been a notable increase in foreclosure sales resulting in surplus funds due to rising property values. This trend presents opportunities and challenges for Illinois condominium and homeowners associations (HOAs) seeking to recover unpaid assessments and…
Who Cares Your "Evidence" Shows This Is Just An Old Part Of Chicago – All That Matters Is The City Says It's Historic
The key quote from the Illinois Appellate Court’s recent opinion in Robinson v. City of Chicago, No. 1-23-2174 (Mar. 24, 2025), in which a property owner challenged the inclusion of his property in a new Chicago historic preservation district?…
CA6: Property Owner Needs To Exhaust State Remedies Before Filing Takings Claim
Check out the U.S. Court of Appeals for the Sixth Circuit’s opinion in Howard v. Macomb County, No. 24-1655 (Mar. 28, 2025).
This is one of those post-Tyler cases asking whether the government satisfies the Fifth Amendment after…
Deer Me! No Property Interest In Deer, Even If You Possess Them
The question in today’s case is an old one: can you own wild animals?
In Texas Parks & Wildlife Dep’t v. RW Trophy Ranch, Ltd., No. 15-24-00112-CV (Apr. 10, 2025), the Texas Court of Appeals said no. At…
Today Is Hawaii's Secular Good Friday Holiday (Go Shopping!) – What's Up With That?
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…
New Cert Petition (Michael Berger): Pleading Class-Of-One Equal Protection Claims
Here’s the latest cert petition from the desk of Michael Berger, a property rights case with an equal protection element.
Demarest wanted to subdivide. Not that big a deal, right? Well, apparently it was. The Petition alleges that the…
CA10: Takings Clause Means Never Having To Administratively Ask To Get Your Property Back
Check out the U.S. Court of Appeals for the Tenth Circuit’s recent opinion in Knellinger v. Young, No. 23-1018 (Apr. 11, 2025).
It’s worth reading because the court doesn’t fall into the common trap of concluding that although an…
B.C. Condo Pet Case Offers Lessons for Ontario—With Key Differences
By Denise Lash
A recent ruling from the B.C. Civil Resolution Tribunal upheld a condo’s no-pet policy, ordering an owner to pay $6,800 in fines for keeping three cats in violation of the rules—even though the owner claimed the cats provided emotional support.…