Should an Originalist Justice Support Overruling Kelo v. New London?
The general assumption that the Fifth Amendment bars takings for economic development purposes rests on shaky ground.
Takings
Unanimous Supreme Court Ruling Bolsters Right to File Federal Takings Cases Against State and Local Governments
The Court clarified that the challenged policy need only be a "de facto final" decision, and that property owners are not required to exhaust all possible state bureaucratic procedures before filing a federal takings case. The Court also emphasized that Takings Clause property rights have "full-fledged constitutional status."
My "The Hill" Article on Cedar Point Nursery v. Hassid
The article assesses today's important Supreme Court property rights ruling.
Supreme Court Decision in Cedar Point Nursery v. Hassid is a Major Victory for Property Rights
The ruling makes it far more difficult for the government to authorize physical invasions of private property without having to pay compensation under the Takings Clause.
My Washington Times Article on the Need to Limit Government Power to Take Private Property
The article is Part I of a two-part series.
My New Article on "The Normality of Knick"
It responds to a critique of the Supreme Court's major property rights ruling in Knick v. Township of Scott, by Profs. Stewart Sterk and Michael Pollack.
Sixth Circuit Rules Property Owners Can go to Federal Court to Argue Takings Clause Bars Seizure of Home Equity in Cases Where Property is Foreclosed to Pay off Tax Delinquencies
The ruling may be the first major effect of the Supreme Court's 2019 decision in Knick v. Township of Scott, which ruled that property owners are not required to "exhaust" state court remedies before filing takings cases in federal court.
My "The Hill" Article on Cedar Point Nursery v. Hassid
My article considers the implications of a major takings case currently before the Supreme Court.
Additional Issues in Cedar Point v. Hassid
In this post, I consider some additional issues that came up in the recent Supreme Court oral argument in an important takings case.
Supreme Court Hears Oral Argument in Major Takings Case—Property Owners Seem Likely to Prevail
The Court seems likely to rule in favor of property rights in Cedar Point Nursery v. Hassid.
Supreme Court Ducks Opportunity to Clarify Regulatory Takings Doctrine—Over a Strong Dissent by Justice Thomas
Thomas is right that the doctrine is a mess. But the Court may not be in any hurry to clean it up.
Supreme Court Rejects Opportunity to Reconsider Penn Central
Justice Thomas dissented from denial of certiorari by himself to urge a revamp of Takings Clause jurisprudence.
South Dakota Supreme Court Rules Property Owners not Entitled to Compensation for Severe Damage to their Home Inflicted by Police During a Law Enforcement Operation
The ruling denies relief under a state constitutional provision requiring compensation for "taking" or "damaging" of private property by the government. Many other states have similar provisions.
Supreme Court Decides to Hear Important Takings Case
It will review a Ninth Circuit decision holding that there is no taking when the government forces property owners to grant union organizers temporary access to their property.
Rethinking the Seattle "CHOP" Takings Case
Property owners are suing the city for helping far-left activists seize control of their property during the period when it allowed the latter to rule an "autonomous zone" covering 16 blocks in the area.
Michigan Supreme Court Rules Government Can't Seize Entire Value of Home Over Property Tax Delinquency Worth $8.41
The Court unanimously ruled such a tax "forfeiture" qualifies as a taking for which compensation must be paid.
New York's Highest Court Upholds Taking of Private Property for Pipeline that Might Never Get Built
The 4-2 ruling is reminiscent of the federal Supreme Court's dubious decision in Kelo v. City of New London, which also upheld a condemnation for a project that turned out to be a dud.
The 15th Anniversary of Kelo v. City of New London
Today is the anniversary of one of the most controversial - and most unpopular - property rights decisions in the history of the Supreme Court.
Audio of Federalist Society Teleforum on Whether Enterprises Closed by Coronavirus Shutdown Orders are Entitled to Compensation under the Takings Clause of the Fifth Amendment
I debated Prof. F.E. Guerra-Pujol. Prominent takings lawyer Robert Thomas moderated.
No, the Kelo Case Doesn't Require Takings Compensation for Businesses Closed by Coronavirus Shutdown Orders
Despite a contrary argument by Prof. Enrique Guerra-Pujol, Kelo doesn't even address the relevant issue.
Ninth Circuit Refuses to Reconsider Ruling that Mandating Union Organizer Access to Employer Property is not a Taking—but Eight Judges Dissent
The case is an important one that could be headed to the Supreme Court.
Fordham Urban Law Journal Symposium on Knick v. Township of Scott
I have a contribution (coauthored with Shelley Ross Saxer) in this symposium on last year's important Supreme Court takings decision.
Our Amicus Brief Urging the Supreme Court to Consider Takings Case in Which Authorities Refused to Compensate Innocent Owners of House Destroyed by Police
The brief was filed by the Cato Institute on behalf of both Cato and myself.
The Case for "Regular" Judicial Review of Coronavirus Emergency Policies
Legal scholars Lindsay Wiley and Steve Vladeck explain why courts should not give special deference to the government in cases challenging the constitutionality of anti-coronavirus policies.
Pennsylvania Supreme Court Rejects Takings Challenge to Coronavirus Shutdown Order
The Court's decision follows almost exactly the same line of reasoning as I had expected.
Penn. S. Ct. Rejects Takings Challenge to Governor's Shutdown Order
Alternative title: It's Always Locked Down in Philadelphia.
My New "Atlantic" Article Making the Case for Strengthening Protection for Property Rights
It particularly emphasizes ways in which weak property rights harm the poor and disadvantaged.
Does the Takings Clause Require Compensation for Coronavirus Shutdowns?
Under current Supreme Court precedent, the answer is almost always going to be "no." But some compensation may be morally imperative, even if not legally required.
Federal Court Rules Against Plaintiffs in Second Hurricane Harvey Takings Case
The ruling may well be both correct and consistent with the same court's earlier ruling in favor of a different set of plaintiffs arising from the same events. But the opinion does still have a few notable flaws.
Forthcoming Article on "Overturning a Catch-22 in the Knick of Time: Knick v. Township of Scott and the Doctrine of Precedent"
The article explains why the Supreme Court was justified in overruling longstanding precedent in this important recent constitutional property rights case.
Court Rules Federal Government Flooding of Homes During Hurricane Harvey is a Taking
The decision is significant in itself and has important implications for other cases where the government deliberately damages private property in the process of coping with natural disasters.
Institute for Justice Takes up Case where Federal Court Ruled Government Owes no Compensation to Innocent Property Owner Whose House was Destroyed By Police
The prominent libertarian public interest firm hopes to get the decision reversed, possibly by the Supreme Court.
Federal Court Rules there is no Taking if the Police Destroy an Innocent Person's House During a Law Enforcement Operation
The ruling has considerable backing from precedent. But it is nonetheless based on a deeply flawed doctrine.
Cops Destroyed This House To Arrest a Shoplifter. A Federal Court Says Police Don't Have To Pay for the Damage.
Are there any limits to what police can do in pursuit of a suspect? The 10th Circuit Court of Appeals apparently doesn't think so.
My New Article on the Supreme Court's Recent Decision in Knick v. Township of Scott—an Important Takings Case
The article is now available for free on SSRN.
The Houston Flooding Takings Litigation Continues
The federal government continues to deny any liability for deliberately flooding thousands of homes and other property in Houston in the wake of Hurricane Harvey in 2017.
The City Wants to Evict This Family Because a House Guest Committed a Crime They Didn't Know About Somewhere Else
Under its "crime-free housing program," Granite City, Illinois, holds tenants strictly liable for illegal activity by a household member.
Lawsuit Challenges Ordinance Requiring Eviction of Entire "Household" if One Member Has Committed a Crime
The case was brought on the family's behalf by the Institute for Justice, a prominent public interest law firm.
Update on the Preakness Takings Case
The City of Baltimore has dropped its attempt to use eminent domain to take the Preakness Stakes Horse Race. But questions linger about the city's willingness to continue to use the threat of condemnation to force Preakness and other commercial enterprises to stay in the city.
Supreme Court Overrules Precedent that Created "Catch-22" for Property Owners Attempting to Bring Takings Cases in Federal Court
The close 5-4 ruling is an important victory for constitutional property rights.
The Supreme Court Should Take the Love Terminal Takings Case
A lower court decision the Supreme Court is currently considering reviewing has important - and dangerous - implications for property rights.
Thoughts on the Second Oral Argument in Knick v. Township of Scott
The much-anticipated reargument of this important property rights case did not make clear what the Court will do, but overall did not go as well for the property rights side as the first argument did. It is still unclear, however, which way potentially crucial swing voter Justice Kavanaugh will lean.
Trump's Terrible Record on Property Rights
The President's recent threat to use "the military version of eminent domain" to seize property for his border wall is just the tip of a larger iceberg of policies and legal positions inimical to constitutional property rights.
Texas Court Rules Deliberate Flooding of Private Property by State Government in Wake of Hurricane Harvey can be a Taking
The ruling concerns flooding of property undertaken by the San Jacinto River Authority in order to mitigate the effects of Hurricane Harvey. Issues raised in the case are similar to those at stake in ongoing federal court litigation.
Will Supreme Court Reargument of the Knick Takings Case Come Down to the Federal Government's "Klingon Forehead" Argument?
The Supreme Court has ordered reargument in a crucial property rights case. The outcome could hinge on an extremely dubious theory put forward in an amicus brief by the federal government.
My Review of "Property and Human Flourishing"
A link to my review of an important new book on property rights by Cornell law Professor Gregory Alexander.
Thoughts on Today's Supreme Court Oral Argument in Knick v. Township of Scott—A Crucial Property Rights Case
There is reason for cautious optimism that the Supreme Court will overrule or at least curtail a precedent that makes it difficult to bring many takings claims in federal court.
My Wall Street Journal Op Ed on Important Property Rights Case that Will be Argued before the Supreme Court Tomorrow
Knick v. Township of Scott addresses the issue of whether property owners with Takings Clause claims are entitled to access to federal court on the same terms as constitutional rights cases.