Takings

Small house in emmpty green frield being demolished to make way for road construction.

Commentary: Eminent Domain is a Slippery Slope

Can accepting eminent domain lead to accepting the loss of other, more foundational rights?

December 30, 2025 - Fast Company

Yellow one-story house on residential street in Miami, Florida.

Property Owners Sue Miami for Unlawfully Taking Property via Permit Applications

The suit claims the city is using unrelated permit applications to unlawfully gain right-of-way.

December 5, 2025 - Institute for Justice

Two men in collared shirts and slacks looking and pointing at drainage ditch.

Alabama Community Sues State DOT Over Flooding

Residents of Shiloh, Alabama want to hold the state department of transportation responsible for flooding caused by a highway expansion project.

July 14, 2025 - Inside Climate News

Austin skyline at dusk with a river on the left and I-35 running along the right.

TxDOT Wages Quiet Battle to Acquire Properties for I-35 Expansion

TxDOT has filed “takings lawsuits” against holdout property owners along the eight-mile stretch of I-35 slated for widening in Austin, but property owners say the agency isn't offering just compensation.

June 6, 2024 - KXAN

Close-up of South Burlington, Vermont on yellow map.

Vermont Land Use Case Could Go to Supreme Court

Property owners argue that a new law protecting wildlife corridors amounts to an unconstitutional taking of property.

May 31, 2024 - The Other Paper

Workers putting down asphalt on road.

U.S. Supreme Court: California's Impact Fees May Violate Takings Clause

A California property owner took El Dorado County to state court after paying a traffic impact fee he felt was exorbitant. He lost in trial court, appellate court, and the California Supreme Court denied review. Then the U.S. Supreme Court acted.

April 18, 2024 - Los Angeles Times

View of vast oil drilling field with black oil derricks near Bakersfield, California

The ‘Necessity of Oil and Gas Drilling’

The California Supreme Court on Aug. 3 unanimously overturned a successful 2016 Monterey County ballot measure that banned new oil and gas drilling. According to plaintiff Chevron USA, the justices recognized the ‘necessity of oil and gas drilling.’

August 7, 2023 - San Francisco Chronicle

Tenant Protections

What Is Rent Control?

Rent control, also known as rent stabilization, is a controversial policy tool used by the government to limit rent increases by landlords.

March 1, 2023 - James Brasuell

Helmick Family Farm, LLC v. Commissioner of Highways

Court Ruling: Eminent Domain Valuation Must Consider Potential Rezoning

Details provided regarding the Virginia Supreme Court ruling in Helmick Family Farm, LLC v. Commissioner of Highways.

September 11, 2019 - Inversecondemnation.com

Dakota Access Pipeline

Dakota Access Pipeline Owners Win Eminent Domain Appeal in Iowa Supreme Court

The Iowa Supreme Court affirmed a lower court ruling that found that the Iowa Utilities Board was justified in giving the private owners of the Dakota Access Pipeline the use of eminent domain. Climate change was considered in the ruling.

June 6, 2019 - Des Moines Register

Oil Drill

Oil and Gas Drilling Issues Loom Large in Colorado on Election Day

Unlike prior initiatives that sought drilling bans, Prop. 112 would greatly increase setbacks from buildings to such an extent that it could doom much of the industry. A competing initiative would make the change a "taking" and require compensation.

September 6, 2018 - Colorado Public Radio

Tudor City

Value Capture Replaces Congestion Pricing as Governor Cuomo's Subway Funding Fix

Gov. Andrew Cuomo (D-N.Y.) appears to be backing away from a controversial plan to toll midtown Manhattan but shows no reservations about embracing land value capture, which some regard as a "taking" by taxing land proximate to subway stations.

March 26, 2018 - Politico New York

One of the Most Important Energy Measure on the Ballot on Tuesday

While billed as an "anti-fracking initiative," Measure Z in Monterey County, the 4th-largest oil-producing county in California, does far more. It bans new oil drilling and requires the cleaning of wastewater from current drilling operations.

November 6, 2016 - KSBW

Supreme Court

Justice Scalia and the Takings Clause

Summarizes Justice Scalia's most important Takings Clause decisions.

February 18, 2016 - Michael Lewyn

Supreme Court of the United States

New Takings Case Argued Before the Supreme Court

William Fulton examines the likely outcome of a takings case that went before the U.S. Supreme Court last week. Oral arguments seemed to indicate the justices were leaning towards a surprising outcome.

January 24, 2013 - California Planning & Development Report

Supreme Court Decides Against Private Property Owners

The Supreme Court ruled for state power and against landowners in a landmark decision that will allow a beach-widening project to go forward without compensation.

June 18, 2010 - The Washington Post

WalMart Purchase Thwarted, Family Sues City of Rezoning - And Wins

WalMart made an offer to purchase a plot from a family in Frankenmuth, Michigan, but withdrew the offer when the City Council rezoned the land for a limited building size. The family sued, and a federal judge awarded them $3.6 million.

March 17, 2010 - The Saginaw News

New London, Four Years After Kelo

The 2005 Supreme Court decision on Kelo v. New London was a landmark in eminent domain law, paving the way for Pfizer to develop there. Four years later, Pfizer is pulling up stakes.

November 13, 2009 - The Hartford Courant

Developer Sues Planners

Terrapin Run LLC proposed a 4,300 home development in Allegheny County. Local officials decided that the project was not in keeping with environmental or smart growth objectives for the area, and the developer answered with a lawsuit.

July 4, 2009 - Baltimore Sun

Is River Setback "An Illegal Taking"?

Philadelphia's City Council has approved two new measures that would preserve historic buildings along the Delaware River and require 100 ft. green setbacks. Some developers are protesting the ruling, saying it amounts to an illegal taking.

June 22, 2009 - Philadelphia Inquirer

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.

Senior Planner

City of Thousand Oaks

Community Development Director

City of Wisconsin Rapids

Professor of Urban Planning

Harvard University Graduate School of Design

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