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…

Sad birthday wishes to what just might be our most un-favorite decision ever, Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978), which turns 47 today. This in addition to the unhappy Kelo-versary earlier this week. A takings and regulatory takings one-two punch! Time has not treated the opinion well.…

Here is what we’re reading today, comments and thoughts on yesterday’s U.S. Supreme Court decision in Pung v. Isabella County.…

This just in: the Supreme Court has decided Pung v. Isabella County, No. 25-95 (June 23, 2026). And the result — that “just compensation” for Tyler takings is usually measured by the surplus over the tax sale and not fair market value of the property, unless the tax sale process is unfair or skewed —…

It hardly seems like two decades-plus have passed. After all, it was a mere 10 years ago we were lamenting “Kelo At 10: Still Stinks, And A Decade Has Not Lessened The Odor.” But yes, it was 21 years ago today … the U.S. Supreme Court, by the thinnest of margins, held in Kelo v.…

The majority opinion of the Texas Supreme Court in State of Texas v. JRJ Pusok Holdings, LLC, No. 24-0447 (June 12, 2026), starts off pretty good: “The right to own property is ‘fundamental, natural, inherent, inalienable, not derived from the legislature and . . . preexist[s] even constitutions.'” And it gets better from there. At…