In Town of Apple Valley v. Apple Valley Ranchos Water, No. S289391 (Aug. 24, 2026), the California Supreme Court held that the usual uber-deferential standard of review in eminent domain cases to the condemnor’s claim that the taking is necessary
But can a private for-profit energy company that admittedly does not possess the power of eminent domain force its way onto private property on the theory that it needs entry so the government can evaluate whether to delegate it the
You know the drill: permitting authorities know that if they take a definitive position about how a regulation works on a particular piece of property, a takings challenge is ripe. So in many cases we see either the authority taking
Time to sign up for the upcoming “Unpacking Private Property’s Bundle of Sticks” Symposium, sponsored by our shop and George Mason Law Review. September 15, 2026, 12:15 – 5:45 p.m., Arlington, Virginia.
Worth checking out: Northland Management & Constr., LLC v. City of Parkland, No. 25-2239 (Aug. 3, 2026), from the U.S. Court of Appeals for the Eighth Circuit, hich affirmed the district court’s conclusion after a bench trial that the city
A brief one from the U.S. Court of Appeals for the Sixth Circuit, Sinclair v. Meisner, No. 26-1061 (Aug. 5, 2026). This is a spin-off from a successful home equity theft takings case, where some of the property owners’ lawyers
It’s that time of the year again. Fall’s-a-coming, and that means that in a few days, we’re back at the William and Mary Law School in Williamsburg, Virginia to teach two courses: Eminent Domain and Property Rights (W&M is one
Nothing to do with takings. Just thought you’d appreciate the Fifth Circuit’s most epic stringcite we’ve ever seen, send along by a takings colleague. In re Acis Capital Management, L.P., No. 25-10797 (July 17, 2026).
Here’s the latest in a case we’ve been closely following (because we represent the property owners!). In this Memorandum and Order, the U.S. District Court for the District of Rhode Island invalidated the Town of Johnston’s ham-fisted attempt to take
Worth reading, if only for its somewhat odd logic is the U.S. Court of Appeals for the Seventh Circuit’s opinion in BBLI Edison, LLC v. City of Chicago, No. 25-1713 (July 22, 2026), where the court upheld, against a takings
