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 a de facto exercise of eminent domain is the Court’s admonition that the takings question is resolved by “essentially ad hoc, factual inquiries,” and not,
Robert H. Thomas
Website:
https://www.inversecondemnation.com/
Robert H. Thomas Blogs
Blog Authors
Latest from Robert H. Thomas
CA1: Claim That Administrative “Cut” Of Just Compensation Deposits Is A Taking Were Stayed By Puerto Rico Bankruptcy
The bottom line in Hernandez-Castrodad v. Steidel-Figueroa, No. 23-1872 (July 1, 2026), is that the U.S. Court of Appeals for the First Circuit affirmed the dismissal of the plaintiffs’ takings claims, although it had at least partially different reasons than the district court.
First, let’s get to the district court’s reasoning. The takings claim…
CA6: You Have Not Yet Crossed The Rubicon Chump, And You Have No Right To Expect Govt To Act In A Timely Fashion
“When, then does a government’s delay in issuing a permit or zoning change amount to a taking? Seldom, if ever.” That’s the money quote in the U.S. Court of Appeals for the Sixth Circuit’s opinion in Rubicon Real Estate Holdings, LLC v. City of Pontiac, No. 25-1631 (June 18, 2026).…
New Cert Petition: Is Trademark Property Subject To The Same Takings Rules As Other Private Property?
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 Puerto Rico used a likeness of Clemente on commemorative license plates, among other things. The First Circuit rejected the takings claim……
“The constitutional duty to provide just compensation arises from the act of taking private property for public use, not the formal possession of eminent domain authority.” Entity Lacking Eminent Domain Power Can Be Liable For Taking Property
Not a lot that’s earthshaking from the Supreme Court of the Commonwealth of the Northern Mariana Islands in Sablan v. Commonwealth Utilities Corp., No. 2024-SCC-0023 (June 20, 2026), but we’re posting it because its holding — an entity lacking the power of eminent domain may nonetheless be liable for inverse condemnation — is important because…
The Verified Complaint In Equity: The Declaration Of Independence, v.250
July 4, 2026 is the 250th birthday of the United States. Those of us who were around 50 years ago for the bicentennial remember that a very big deal was made of the United States of America’s 200th birthday. The 250th doesn’t seem to be treated as anywhere near such a big deal by the…
New Cert Petition (Ours): Can Courts Choose To Avoid Constitutional Challenges To Rent Control By Making Owners Chase Pointless Denials?
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 traceable to the challenged restrictions, and a ruling will redress that injury) may nonetheless be dismissed because the court believes that if the owner would…
Wednesday Round-Up
As July gets underway, here’s what we’re reading.…
SCOTUS Will Answer Whether Williamson County Final Decision Ripeness Governs Free Exercise Claims
Here’s the latest in a case we’ve been following, which asks whether Williamson County’s final decision ripeness requirement is limited to takings claims.…
We’re Going To Find Out Whether Attorneys Fees Are Part Of Just Compensation In Natural Gas Act Takings
This just in: the U.S. Supreme Court has agreed to review a case from North Dakota (brought by our colleagues Derrick Braaten and the good folks at the Institute for Justice), asking whether attorneys fees are included in just compensation when a private pipeline takes property by eminent domain by using the federal power of…