Be sure to check this out. The Practical Real Estate Lawyer has published an article by colleague Matthew Ackerman (who has since become a Michigan Court of Appeals judge).
In “The Pitfalls of Objectively Measured Just Compensation: When
Inverse Condemnation
Latest from Inverse Condemnation
Statute Authorizing Fiber Optic Installation On Railroad Property Authorizes Takings For Nonpublic Use, Violating Virginia's Post-Kelo Constitutional Amendment
In the wake of Kelo, the people of Virginia overwhelmingly amended their state constitution (the vote was 75% in favor) to make it much clearer about what qualifies as a public use supporting an exercise of eminent domain, what…
CFC: Allegation That Gov't Ordered Destruction Of Bump Stocks Pleaded Physical Takings Claim
We’re back to bump stocks. Indeed, we have covered cases raising similar issues so we’re not going into too much detail on the U.S. Court of Federal Claims’ recent decision in The Modern Sportsman, LLC v. United States,…
CA11: State Can Be Ordered To Stop Withholding Just Compensation
Florida, like a lot of other jurisdictions, has an unclaimed property program whereby if an owner is deemed to have abandoned property (remember that old bank account you had in college years ago with a $2.50 balance?), the holder of…
New Article: "Daunting Odds: Regulatory Takings Claims in The United States Circuit Courts of Appeals," 94 Miss. L. J. 637 (2025)
You know the claim: even after the federal courts opened back up to regulatory takings claims, winning a case is still pretty difficult.
Yes, that may be by design: maybe it’s not supposed to be easy to get in…
CA4: No Property Right To Conduct A Business, So No Taking For Police Response To Area Crime Surge
TEXT Download 231874.P, No. 23-1847 (May 16, 2025)
Brady v. City of Myrtle Beach, No. 23-1874 (4th Cir. May 16, 2025)
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CA11: 25 Year Old Takings Case Isn't Ripe
In 1996 (you remember 1996, don’t you?), Corey purchased a vacant parcel, adjacent to a busy crossroads, and thus an ideal location for a truck stop. Problem was that the zoning was C-2, which didn’t permit truck stops…
CA11: 25-Year-Old Takings Case Isn't Ripe
In 1996 (you remember 1996, don’t you?), Corey purchased a vacant parcel, adjacent to a busy crossroads, and thus an ideal location for a truck stop. Problem was that the zoning was C-2, which didn’t permit truck stops…
Happy 97th Birthday, Nectow v. City of Cambridge!
It was on this day in 1928 when the U.S. Supreme Court issued its second most famous decision about zoning, Nectow v. City of Cambridge., 277 U.S. 183 (1928).
We say “second” because everyone knows that the first is…
New Book: "Natural Property Rights" (Eric Claeys)
The long-awaited book from lawprof Eric Claeys, “Natural Property Rights” (Cambridge Press 2025) has dropped.
More, after we’ve had a chance to read it.
Now mind you, in the hardcover edition the thing ain’t exactly cheap (…