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Takings Clause

493 published works

  1. inversecondemnation.com

    Best Stringcite. Ever.

    By Robert H. Thomas

    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.,…

  2. inversecondemnation.com

    New Cert Petition: Does A Property Owner Need To Seek A Legislative Change To Ripen A Takings Claim?

    By Robert H. Thomas

    Here's the latest in an issue we've been following for a long time: must a property owner first try to change the law which is claimed to work a taking…

  3. Law of the Land

    Seventh Circuit Court of Appeals Rejects “Takings” Challenge to a City Ordinance that Protects Tenants in Residential Buildings When Ownership is Transferred Through a Foreclosure Action. 

    By Patricia Salkin

    This post was authored by Julie Tappendorf, Esq. and originally appeared on the Municipal Minute Blog.  It is reposted with permission. In 2021, the City of Chicago adopted the “Keep…

  4. inversecondemnation.com

    CA9, 2-1: We Have A Magic Formula To Resolve Penn Central’s “Ad Hoc, Factual Inquiry” On 12(b)(6) In Every Case

    By Robert H. Thomas

    The essence of the infamous three-factor Penn Central test for whether a restriction on the use of private property under the police power "goes too far" and is treated as…

  5. inversecondemnation.com

    New Cert Petition: Is Trademark Property Subject To The Same Takings Rules As Other Private Property?

    By Robert H. Thomas

    Here's the latest in a case we've been following. The owners of the trademark of the famous baseball player Roberto Clemente asserted a physical takings claim after the Commonwealth of…

  6. inversecondemnation.com

    New Cert Petition (Ours): Can Courts Choose To Avoid Constitutional Challenges To Rent Control By Making Owners Chase Pointless Denials?

    By Robert H. Thomas

    Here's the cert petition (filed yesterday) which asks whether a takings challenge to rent control which is justiciable under Article III (plaintiff has suffered a concrete injury that is fairly…

  7. inversecondemnation.com

    Courthouse Steps: Pung v. Isabella County

    By Robert H. Thomas

    https://www.youtube-nocookie.com/embed/3SxJn8hfFE4?si=4dNABI98gUKVBimq Newly released: the Federalist Society's "Courthouse Steps" series covers Pung v. Isabella County, where the U.S. Supreme Court held that “just compensation” for Tyler takings is usually measured by…

  8. inversecondemnation.com

    Good News: Lucas Cert Petition Denied – TDRs Go Only To Just Comp, Not Takings

    By Robert H. Thomas

    Here's the latest in a case we've been following for what seems like forever (and yes, it is one of ours, so we won't be commenting). This morning the U.S.…

  9. inversecondemnation.com

    New Note On Good Faith In Eminent Domain: “Public Use on the Loose: Clarifying the Takings Clause’s Public Use Requirement,” 53 Pepperdine L. Rev. 729 (Megan Hoefs)

    By Robert H. Thomas

    We like seeing student-authored pieces in our areas of interest, especially those where the subject is eminent domain. Here's another example. In "Public Use on the Loose: Clarifying the Takings…

  10. inversecondemnation.com

    Aw Shucks: CAFED Agrees That Oysters Destroyed By Govt Aren’t Private Property

    By Robert H. Thomas

    You remember when the Court of Federal Claims denied the government's motion to dismiss a takings claim and issued a very readable opinion rejecting the argument that oysters planted on…