North Carolina Using Eminent Domain To Seize Homes and a Church for Electric Car Factory
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.
Takings
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.
My New Video on Kelo v. City of New London
The video is part of the Federalist Society's series on important Supreme Court decisions.
They Fell Behind on Their Property Taxes. So the Government Sold Their Homes—and Kept the Profits.
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.
Sixth Circuit Rules Government Cannot Seize $300,000 in Home Equity to Pay $22,000 Tax Debt
Doing so qualifies as a taking requiring "just compensation" under the Takings Clause of the Fifth Amendment.
Sixth Circuit Finds Government Seizure of Home's Equitable Title to Satisfy Tax Debt Was a Taking
An important victory against "self-dealing" by state and local governments.
FIRE Podcast on Free Speech and the Texas Social Media Law
The podcast is a debate between legal scholar Brad Smith and myself.
Why the Florida and Texas Social Media Laws Violate the Takings Clause
They mandate occupation of private property without the consent of the owner.
Federal Court of Claims Rejects Takings Claims Against CDC Eviction Moratorium
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.
When Is it a Taking of Private Property to Bar a Property Owner from Excluding Unwanted Visitors?
Understanding the scope of Cedar Point Nursery v. Hassid.
Is America's Primary Affordable Housing Policy Unconstitutional?
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.
My Washington Post Article on Gun Rights and Property Rights
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.
Article on "Gun Rights, Property Rights, and Takings"
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.
Sixth Circuit Concludes Local Tree Ordinance Constitutes an Unconstitutional Taking
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.
Our New Article on "Vaccine Passports as a Constitutional Right"
I coauthored it with Kevin Cope (University of Virginia) and Alex Stremitzer (UCLA/ETH Zurich)
The Honorable Thomas Griffith, Blogger
The former D.C. Circuit Judge is now a contributor to the Yale Journal on Regulation's Notice & Comment blog.
A Takings Clause Lawsuit Against the CDC Eviction Moratorium
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.
Should Taxpayers Be on the Hook for All Rental Debt Accrued During the Pandemic?
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.
Kelo, Originalism, and Public Use
A response to Jonathan Adler's attempt at an originalist defense of Kelo v. City of New London.
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.
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.