Topic
Property Rights
1,625 published works
Agricultural Law and Taxation Blog
The Judiciary – Is it the Most Dangerous Branch for Agriculture? (Part 2)
Overview The judiciary's relationship with American agriculture is complicated. Courts can serve as an essential constitutional safeguard, protecting farmers and ranchers against government overreach, infringement of property rights, and arbitrary…
California Eminent Domain Report
Don’t Let Right of Way Acquisition Become the Critical Path
Major infrastructure projects have complicated schedules. Design, environmental review, funding, permitting, utilities and construction all must line up. But one item tends to always get squeezed at the end of…
inversecondemnation.com
Owner Plausibly Alleged Seattle’s Rental Regulations Are Penn Central And Physical Takings
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…
Agricultural Law and Taxation Blog
Wetlands Regulation After Sackett
Overview For decades federal agencies have repeatedly attempted to expand their regulatory authority beyond the boundaries established by Congress. Few areas demonstrate this tendency more clearly than the Environmental Protection…
California Eminent Domain Report
California’s Coastline Is Becoming a Real Estate Problem
For years, sea-level rise and coastal erosion were often discussed as long-term planning issues. In parts of California, they are now immediate real estate and infrastructure problems. This week’s Los…
Schroeder Ag Law Blog
Easements, Rights-of-Way, and Utility Lines
Indiana landowners are often asked by utility companies, county highway departments, and public utilities whether the entity can install a line or wire under, on, or over the landowner’s property.…
inversecondemnation.com
Brigham-Kanner Property Rights Conference, London: Honouring The Work Of Professor James Penner
We got underway today for the two-day Brigham-Kanner Property Rights Conference, now in its 23d year. Produced and sponsored by the William and Mary Law School and Queen Mary University…
Climate Solutions Legal Digest
Nine States, One Problem: Mineral Dominance Threatens Carbon Storage
Our earlier post examined a hypothetical scenario in which a Texas carbon capture and storage (CCS) developer acquires only surface rights (plus a mineral owner’s surface waiver) over a depleted…
New Jersey Foreclosure Defense Blog
After a New Jersey Sheriff’s Sale: Writ of Possession, Moving Deadlines, and the Former Owner’s Next Steps
By John Fazzio
Featured photo: Michal Balog on Unsplash, used under the Unsplash License. The image is illustrative. Short answer: A New Jersey sheriff’s sale does not ordinarily mean an owner-occupant is physically…
Agricultural Law and Taxation Blog
Kansas Farm Bureau Challenges Greater GMD 4 LEMA
Overview Kansas water law rests on a fundamental principle: water rights are property rights, and the exercise of those rights is governed by the state's system of prior appropriation. But…