News

An important victory for property rights in today's Supreme Court decision in Horne v. Department of Agriculture, the raisin takings case.
Robin Kundis Craig (Florida State) has posted Defining Riparian Rights as 'Property' Through Takings Litigation: Is There a Property Right to Environmental Quality?, forthcoming in Environmental ...
Although property owners may challenge whether the taking is for a public purpose or necessary, they are often bound by the utility companies’ chosen easement language.
2024 Litigation Look Ahead Series: In Property Takings Cases, Court Must Strike Careful Balancing Act Between Regulating Land Use, Protecting Property Rights. Nicole Bayne, Susan Smith.
The Duke Center for Firearms Law recently published my new essay on "Guns, Property Rights, and Takings." My piece is part of a symposium on "Privatizing the Gun Debate." ...
The court’s selection of a standard over a rule may sound like a property law technicality. But it also implicates deeper questions about the takings clause. All sides agree that, as the majority ...
The Supreme Court issued a ruling in a property rights case that was closely watched by conservatives and libertarians opposed to government takings.
Two letters under the heading “Takings: Constitution Protects Owner’s Loss” (July 6) neglect an overarching point as they blithely suggest that there’s an obligation of the government to ...
By authorizing a “physical invasion” of property by another, even for a few hours, California had effected a taking, which entitled the owner to monetary compensation, and perhaps an injunction.
Richard A. Epstein, Takings: Private Property and the Power of Eminent Domain, 289-293 (1985) Matthew P. Harrington, "Public Use" and the Original Understanding of the So-Called "Takings" Clause ...
In general, I am a big supporter of strengthening protection for private property under the Takings Clause, and have written many works arguing the case for doing so.