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inversecondemnation.com

By Robert H. Thomas Visit the blog

3,192 published works

  1. inversecondemnation.com

    Brigham-Kanner Property Rights Conference Videos Posted

    By Robert H. Thomas

    More on the recent Brigham-Kanner Property Rights Conference, held last month in London. William and Mary Law School has posted a summary of each panel, the video recordings of each…

  2. inversecondemnation.com

    Virginia App: Severance Damages Caused By “The Taking” Don’t Include Damage Caused By The Project Requiring The Taking

    By Robert H. Thomas

    Here's one we have some trouble understanding, especially in light of the Virginia Constitution's provision that measures just compensation as an amount "no less than the value of the property…

  3. inversecondemnation.com

    New Article: Garrett Gillespie, “Takings, Property Rights, and the End of Penn Central” (Geo. Mason L. Rev.)

    By Robert H. Thomas

    Check this out, a recently-published student comment on what to do about the universally-loathed (except by a certain nine former lawyers) Penn Central test to determine when an otherwise-valid police…

  4. inversecondemnation.com

    If Grandma Had Wheels: When The Feds Delegate Eminent Domain, Do Federal Just Compensation Rules Come Along For The Ride? (And What Happened To The Canon Of Narrow Construction?)

    By Robert H. Thomas

    There was a large divide in the way each party identified the central issue in Monday's Supreme Court oral arguments in Hoffman v. WBI Energy Transmission, Inc., No. 25-159 (U.S.…

  5. inversecondemnation.com

    Conceivable Basis Strikes Again: Taking For Just About Anything Is Fine In New York

    By Robert H. Thomas

    Here's a typically short one from New York. In Red Hook Boat Club, Inc.v. Town Board of Red Hook, No. 2025-09981 (N.Y. App. Div. Oct. 21, 2026), a New York…

  6. inversecondemnation.com

    New Cert Petition (Ours): Can Preliminary Injunctions Convey Eminent Domain Powers When There’s Been No Delegation Of Eminent Domain?

    By Robert H. Thomas

    Here's the cert petition we just filed asking the U.S. Supreme Court to review a Fourth Circuit decision (which we posted about in "CA4 Puts The Cart Before The Horse:…

  7. inversecondemnation.com

    CA10 Doesn’t See The Sign: A “Burger-esque” Mural On A Burger Joint Is A Nothingburger

    By Robert H. Thomas

    Is this a mural? Or is it a sign? (It matters because Salina, Kansas regulates signs but not murals.) And does a hamburger painted on the wall transform an unregulated…

  8. inversecondemnation.com

    Really CAFED, “Right of Way” Means Fee Simple Absolute?

    By Robert H. Thomas

    In Barron v. United States, No. 2025-1179 (Oct. 22, 2026), the U.S. Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims' rejection of property owners' takings…

  9. inversecondemnation.com

    Owner Plausibly Alleged Seattle’s Rental Regulations Are Penn Central And Physical Takings

    By Robert H. Thomas

    Here's one worth reading. In GRE Downtowner LLC v. City of Seattle, No. 87886-7-I (Wash. App. Oct. 26, 2026), the Washington Court of Appeals reversed a Rule 12(b)(6) dismissal of…

  10. inversecondemnation.com

    Magna Carta Pilgrimage, Part Duo

    By Robert H. Thomas

    If you've ever wondered where the odd, backwards syntax of the Takings/Just Compensation Clause of the Fifth Amendment comes from, look no further than this highlighted provision in the original…