Russell C. Bogue | March 29, 2024 | Property
Below is the abstract for “Taking Back the Takings Clause: Tyler v. Hennepin County and State Power over Property,” available for download on SSRN. The Taking Clause requires “just compensation” for the “taking” of any “private property.” But the Constitution does not...
Amy Howe | January 17, 2024 | Property
This piece was featured by SCOTUSblog.com on January 9, 2024, it was originally published at Howe on the Court. Despite a suggestion by Justice Neil Gorsuch that there was “radical agreement” in a California man’s challenge to the constitutionality of the “traffic...
John M. Groen | July 13, 2023 | Property
Below is the abstract for “Takings, Original Meaning, and Applying Property Law Principles To Fix Penn Central,” available for download on SSRN. This article contends that the term “property” as used in the Takings Clause is a group of rights, the essential being the...
Miriam Seifter | October 10, 2018 | Property
Property owners sometimes allege that a local government has violated the Fifth Amendment’s takings clause, which prohibits the taking of private property “for public use, without just compensation.” But where can plaintiffs bring those claims? In Wednesday’s argument...
