Can constitutional rights be destroyed by desuetude?

Earlier this month, the Second Circuit rejected a Takings Clause challenge to a New York statute that, by increasing the state’s homestead exemption, destroyed a lien holder’s property interest. Rather than resolving what sort of property interest the lien was … Continue reading

Is there any limit to the Takings Clause’s Public Use requirement?

Last week, the Utah Supreme Court revived a challenge to the Utah Department of Transportation’s abuse of eminent domain. The Department needed a small part (1.2 acres) of a larger parcel (15 acres) for a light rail project. Instead of … Continue reading

Dear Prof. Kalo: novel theories cannot strip North Carolina’s dry beaches of their private character

If you have ever walked along North Carolina’s ocean beaches or even seen photos, you will notice that there are many beach cottages on, or immediately adjacent to, the dry sand areas of the beach. This is because the dry … Continue reading

Richmond’s plan to take underwater mortgages not going forward

Last year, Tony reported on a legal challenge to Richmond, CA’s plan to use its eminent domain power to bailout residents who bought houses they no longer can or want to pay for. The city planned to finance this scheme … Continue reading

Has the Endangered Species Act become immune to amendment?

An animal rights group has filed a lawsuit arguing that the Endangered Species Act — which is itself constitutionally suspect — limits Congress’ powers, i.e. Congress cannot legislate on endangered species issues unless that legislation would be consistent with the ESA. … Continue reading

Déjà vu: another court disregards precedent and property rights

More than 10 years ago, PLF won an important property rights victory in the U.S. Supreme Court — Palazzolo v. Rhode Island. That case held that government cannot “put an expiration date on the Takings Clause” by forbidding any property … Continue reading

Drakes Bay Oyster Company seeks review in US Supreme Court

Today, Drakes Bay Oyster Company filed its petition for certiorari in the United States Supreme Court, after the Ninth Circuit Court of Appeals decided that the federal government’s decision to shut down the oyster farm is immune from judicial review. The … Continue reading

Are governments circumventing the “just compensation” requirement?

Reason‘s A. Barton Hinkle has an article reporting on a clever — some would say cruel — scheme to abuse property owners that the Virginia Department of Transportation has developed. What’s the scheme? First, the agency announces that it is … Continue reading