In this case, an LA SWAT team destroyed an innocent store owner's shop in the process of trying to catch a suspect.
Carlos Pena's livelihood has been crippled. It remains to be seen if he'll have any right to compensation.
Federal Circuit Rules Temporary-but-Recurring Flooding of Property by the Government is an Automatic per se Taking
If the government floods private property on a recurring basis, it is automatically required to pay compensation, and owners' claims are not subject to a balancing test.
The Pacific Legal Foundation is sponsoring a symposium on this important issue, which may be of interest to legal scholars and others.
My New Brennan Center Article on Tyler v. Hennepin County and the Cross-Ideological Case for Stronger Judicial Protection for Constitutional Property Rights
The Tyler home equity theft case is just the tip of a much larger iceberg of property rights issues where stronger judicial protection can protect the interests of the poor and minorities, as well as promote the federalist values of localism and diversity.
The Supreme Court ruled that home equity theft qualifies as a taking, and that state law is not the sole source for the definition of property rights. The ruling is imprecise on some points, but still sets an important and valuable precedent.
"The taxpayer must render unto Caesar what is Caesar's, but no more," wrote Chief Justice John Roberts.
Our Amicus Brief Urging the Supreme Court to Hear and Reverse Egregious Fifth Circuit Decision that Creates a Catch-22 For Takings Claims Against State Governments
The decision is at odds with Supreme Court precedent, and endangers the constitutional rights of millions of people. This brief urging the court to reverse it was filed by the Cato Institute and myself.
A new development project may finally build new housing on on property whose condemnation for purposes of "economic development" was upheld by the Supreme Court in a controversial 2005 decision.
There are several interesting revelations, including an unpublished dissent by Justice Antonin Scalia.
The author of one of the Supreme Court's most widely hated rulings left us extensive files on the case, which have just been made public. They could help shed light on key unanswered questions about.
A win for Geraldine Tyler, who is now 94 years old, would be a win for property rights.
Oral Argument Indicates Property Rights Likely to Prevail in Supreme Court Home Equity Theft Takings Case
The decision may even be unanimous.
Takings cases often divide opinion along left-right ideological lines. The home equity theft case argued before the Supreme Court today is a rare exception.
My presentation covers an important takings case currently before the Supreme Court.
An unusual coalition of liberal and conservative justices rules that property owners have right to use Quiet Title Act to contest federal intrusion on their land, even in some cases where the statute of limitations may have passed.
Supreme Court Should Take and Reverse Fifth Circuit Decision that Creates a Catch-22 for Takings Claims Against State Governments
The badly flawed ruling defies the Supreme Court's landmark 2019 decision forbidding such Catch-22 traps.
It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.
Under the Kelo v. New London Supreme Court decision, a state can take private land to give to a private developer for almost any reason it wants.
Federal Appeals Court Rejects Rent Control Challenge, Says Government Has Wide Powers To Regulate Land Use
The 2nd Circuit reasoned that the government hasn't necessarily taken a landlord's property when it forces him or her to operate at a loss while renting to a tenant he or she never agreed to host.
The Supreme Court has agreed to hear 94-year-old Geraldine Tyler's case challenging home equity theft.
Supreme Court Decides to Hear Case Challenging State Law Empowering Government to Seize Entire Value of a House to Pay Much Smaller Property Tax Debt
Minnesota law allowed Hennepin County to seize a $40,000 home owned by a 93-year-old widow to pay off a $15,000 tax debt.
Doing so qualifies as a taking requiring "just compensation" under the Takings Clause of the Fifth Amendment.
An important victory against "self-dealing" by state and local governments.
The podcast is a debate between legal scholar Brad Smith and myself.
They mandate occupation of private property without the consent of the owner.
But it does so on the ground that the moratorium was never properly "authorized," not because a moratorium could never be a taking.
Federal Jury Awards $59,000 in Takings Compensation to Property Owner Whose House was Severely Damaged by SWAT Team Pursuing a Suspect
The ruling authorizing the award is at odds with other federal court decisions holding that law-enforcement exercises of the "police power" are exempt from takings liability.
Understanding the scope of Cedar Point Nursery v. Hassid.
Pittsburgh-area developers argue in a new lawsuit that the city's requirement that they include affordable units in their projects is an unconstitutional taking.
It explains why laws requiring private property owners to allow guns on their land are an affront to property rights, and violate the Takings Clause of the Fifth Amendment.
Eighth Circuit Rules Eviction Moratoria are Likely to be Takings Requiring Compensation Under the Fifth Amendment
The court based its decision on the US Supreme Court's 2021 decision in Cedar Point Nursery v. Hassid.
My Duke Center for Firearms Law piece on why laws forcing private property owners to allow guns on their premises violate property rights and often qualify as takings requiring compensation under the Fifth Amendment.
A 93-Year-Old Woman Couldn't Pay Her $2,300 Tax Bill. The Government Sold Her Home and Kept the Money.
"This is very bad for property rights."
Federal Court Rules Takings Clause May Require Compensation when Police Destroy an Innocent Person's Home in Process of Pursuing a Suspect
The decision is at odds with rulings by some other federal courts, and could end up setting an important precedent.
Court finds that a Canton, Michigan ordinance requiring mitigation for tree removal constitutes an uncompensated taking.
Terrible Supreme Court Decisions that Should be Added to the "Anticanon" of Constitutional Law—Part I
Constitution Day is a good time to consider the issue of whether we have been overly accepting of some horrendous Supreme Court precedents. The Chinese Exclusion Case of 1889 is a great example.
I coauthored it with Kevin Cope (University of Virginia) and Alex Stremitzer (UCLA/ETH Zurich)
Thanks to the Supreme Court's decision in the Cedar Point case, this suit has much better odds of success than previous takings challenges to eviction moratoria.
A new lawsuit from landlords argues that the CDC's eviction moratorium was a taking, and that they're entitled to compensation.
My Washington Times Article Making the Case for Increasing Compensation and Procedural Protections for Property Owners Who Lose their Land to Eminent Domain
It's the second in a two-part series on eminent domain reform.