Nollan v. California Coastal Commission

April 01, 1987

In 1982, Marilyn and Patrick Nollan wanted to convert their one-story beach bungalow into a modest two-story home. The house had been the Nollans’ part-time beach house, but they loved the serene beach views of the Pacific Ocean so much that they decided to add a second story on the house and make it their permanent family home. … ...

Keller v. State Bar of California

June 27, 1990

SCOTUS held that people who are legally obligated to join trade or professional organizations cannot be forced to fund political or ideological activities that have nothing to do with regulating or managing their profession—such as lobbying—through mandatory dues. … ...

Suitum v. Tahoe Regional Planning Agency

June 27, 1997

By wiping away procedural hurdles blocking landowners from the courthouse doors, Suitum has since been immensely important for anyone who needs to sue the government to protect their property. … ...

Palazzolo v. Rhode Island

June 01, 2001

Palazzolo v. Rhode Island represents an important check on government and a powerful protection of property rights. Government might have the power to regulate private property, but it must pay property owners for any land it takes—regardless of when it takes a property owner’s land. … ...

Rapanos v. United States

January 06, 2006

Back in 1989, Michigan developer John Rapanos was simply clearing his property to build homes and a shopping mall when he became so ensnared in a regulatory quagmire, it took the U.S. Supreme Court to resolve. John’s troubles began when he pulled up some trees on his 54-acre site and filled the stump holes with sand. Federal regulators claime ...

Welcome to The Eminent Domain Weblog

June 22, 2006

Today marks the one-year anniversary of the Supreme Court’s decision in Kelo v. New London, in which the Court declared that government may seize homes and businesses under eminent domain, and transfer the property to private developers to build shopping centers, restaurants, luxury condominiums, and other private projects—despite the fact ...

Montana: Initiative-154 Provides False Hopes Against Eminent Domain

June 22, 2006

Aeshna at NewWest Politics believes the state's eminent domain bill fails to protect property rights because it requires government to compensate property owners for decreasing the value of their property through land-use regulations. This is a strange argument, since such "regulatory takings" are just as much an interference with pro ...

Five New Reports About Eminent Domain After Kelo

June 22, 2006

Our friends at the Institute for Justice have just published four important new reports about eminent domain in the year since the Kelo decision: Opening the Floodgates: Eminent Domain Abuse in a Post-Kelo World Redevelopment Wrecks: 20 Failed Projects Involving Eminent Domain Abuse Myths and Realities of Eminent Domain Abuse Legislative Action Sin ...

Assembly Moves To Limit Eminent Domain

June 22, 2006

The Morris County (NJ) Daily Record has this report on the progress of reform in New Jersey. But the New Brunswick Home News Tribune thinks the bill does not go far enough. … ...

Hollywood Loses Eminent Domain Fight

June 22, 2006

Hollywood Florida, that is. Broward Circuit Judge Ronald Rothschild has ruled that the city cannot seize the property of the Mach family and give it to a private developer who wanted to build condominiums on the property. Meanwhile, in Hollywood, California, city officials are going ahead with their plans to destroy the 60 year old … ...