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, a decision on the merits of an uncompensated Takings Clause claim?”
Inverse Condemnation
Blog Authors
Latest from Inverse Condemnation
New Note: Michaela R. Hill, “Not Just a Castle in the Sky: A Legal Remedy for Race-Based Takings in Virginia, 67 William & Mary L. Rev. 1497 (2026)
Worth reading: a new (student-authored) piece, Michaela R. Hill, Not Just a Castle in the Sky: A Legal Remedy for Race-Based Takings in Virginia, 67 Wm. & Mary L. Rev. 1497 (2026). Here’s the summary: “This Note argues that Virginia….”…
Uno Reverse! CA5 Approves State Takings Remedy After Fifth Amendment Failed
Here’s the latest in a case we’ve been following for a long time. In Baker v. City of McKinney, No. 25-40396 (May 22, 2026), the U.S. Court of Appeal for the Fifth Circuit, in an unsigned per curiam opinion approved of the property owner’s “reelection of remedy” to ask for relief under the Texas Constitution,…
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 wishes of the owner, is this a taking? That’s right, the issue decided by the U.S. Supreme Court in PruneYard Shopping Center v. Robins, 447…
CA6: To Be A Regulatory Taking, There Must Be A Regulation
Yes, the U.S. Court of Appeals for the Sixth Circuit’s opinion in Banks v. Charter Twp. of Bloomfield, No. 25-1833 (Apr. 28, 2026) is unpublished, and we usually don’t cover unpublished opinions. But we put aside our usual reluctance to discuss unpublished work because the decision raises an important point: are the rules in “regulatory”…
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, there’s a takings story there.…
Usufruct That! Some Clues On How SCOTUS Views Property As “Physical Things” And Not Just Sticks Or Interests
Yesterday’s U.S. Supreme Court’s 8-1 decision in Havana Docks Corp. v. Royal Carribean Cruises, Ltd., No. 24-983 (May 22, 2026) involves a taking without compensation (although not the type of taking we usually discuss here) by the then-new communist government of Cuba. But it does give us some insight to how the Court views property.…
You Snooze You Lose In The Second Circuit: No Property Interest In Challenging A Statute When You Let The Statute Of Limitations Expire
The setup in Article 13 LLC v. New York Attorney General, No. 23-7247 (May 13, 2026) is very “Second Circuity,” and is bit convoluted, so hang on while we get through it. But we shall start with the U.S. Court of Appeals for the Second Circuit’s conclusion that a New York statute known as the…
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 land-use permit applicants encompass monetary demands beyond those imposed in lieu of a dedication of real property?” Five amici briefs have been filed, urging the…
Property Pilgrimage: Nectow v. City of Cambridge (1928)
Here’s the latest in our continuing series of dirt law pilgrimages, where we visit the site of some of the more important cases in our favorite area of law. As every dirt lawyer knows, you can see photos, read descriptions, and study plat maps. But when it comes to understanding about the property at issue,…