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Property Rights

1,625 published works

  1. Agricultural Law and Taxation Blog

    The Judiciary – Is it the Most Dangerous Branch for Agriculture? (Part 2)

    By Roger McEowen

    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…

  2. California Eminent Domain Report

    Don’t Let Right of Way Acquisition Become the Critical Path

    By Bradford Kuhn

    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…

  3. 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…

  4. Agricultural Law and Taxation Blog

    Wetlands Regulation After Sackett

    By Roger McEowen

    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…

  5. California Eminent Domain Report

    California’s Coastline Is Becoming a Real Estate Problem

    By Bradford Kuhn

    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…

  6. Schroeder Ag Law Blog

    Easements, Rights-of-Way, and Utility Lines

    By Brianna J. Schroeder

    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.…

  7. inversecondemnation.com

    Brigham-Kanner Property Rights Conference, London: Honouring The Work Of Professor James Penner

    By Robert H. Thomas

    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…

  8. Climate Solutions Legal Digest

    Nine States, One Problem: Mineral Dominance Threatens Carbon Storage

    By Sarah Milocco

    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…

  9. 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…

  10. Agricultural Law and Taxation Blog

    Kansas Farm Bureau Challenges Greater GMD 4 LEMA

    By Roger McEowen

    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…