Topic
Takings Clause
494 published works
inversecondemnation.com
New Cert Petition: Remember First English?
Here's a recently-filed cert petition which asks this Question Presented: "Is the application of a prudential rule of exhaustion, where the only relief is voluntary cessation of government’s physical possession,…
inversecondemnation.com
New Cert Petition: Time For PruneYard To Go
Here's a just-filed cert petition, which poses a question that has been around since at least 1980: when third parties enter private property under color of state law against the…
inversecondemnation.com
Memorial Day 2026: Arlington National Cemetery And Takings
Programming note: On the weekend we've set aside to remember our nation's war dead, we thought we'd repost this one, about how Arlington National Cemetery came to be. And yes,…
inversecondemnation.com
Amici Briefs In Latest SCOTUS Exactions Petition: Nollan/Dolan Governs Exactions Of Money
Here's the latest in a case we've been following (because it is one of ours). Our cert petition asks this Question Presented: "Does the protection the Takings Clause provides to…
inversecondemnation.com
New Must-Read Article: Anna Fein, Pants on Fire: How the Brinkmann Majority Forgot About the Takings Clause in a Takings Clause Case, 99 S. Cal. L. Rev. 405 (2025)
Be sure to check out this student note which criticizes the Second Circuit's approach to pretextual takings in Brinkmann v. Town of Southold, 96 F.4th 209 (2d Cir. 2024), and…
inversecondemnation.com
SCOTUS Gives Takings Ripeness Hints In First Amendment Opinion
Yesterday, in First Choice Women's Resource Centers, Inc. v. Davenport, No. 24-781 (Apr. 29, 2026), the U.S. Supreme Court held that an organization which provides counseling and resources to pregnant…
inversecondemnation.com
CA10 (2-1) Avoids Takings Claim Because Complaint Doesn’t Plausibly Allege Owners Had Right To Exclude Before New Mexico Supreme Court Changed The Law
There's a lot to like the panel opinion from the U.S. Court of Appeals for the Tenth Circuit in Sanchez v. Torres, No. 25-2009 (Apr. 21, 2026), even though the…
inversecondemnation.com
New Complaint: NY’s Fracking Ban Is A Penn Coal v. Mahon Taking
Check this out a newly-filed complaint, filed in a New York federal court, challenging New York's ban on hydraulic fracking as a taking. Our firm represents the plaintiffs, so we…
inversecondemnation.com
New Cert Petition: Is A Vested Permit A Separate “Stick” Of Private Property?
Check this out. A new cert petition on an issue we think is a good one. Let's just cut to the chase (you can read the petition for the background).…
inversecondemnation.com
RI: Federal Takings Claim Must Be Ripened By Exhausting State Admin Remedies By Appealing Variance Denial
Two or three steps? You decide. A takings case arising from the same locality in Rhode Island that gave us Palazzolo (Westerly, R.I.). In DiBiccari v. Rhode Island, No. 2023-353…