Come & Take It: The Eminent Domain Podcast (Episode #13), Featuring Winstead Shareholder Tom Forestier
Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
On-Demand Webinar | Eminent Domain in 2020: A Year in Review
More Emerging Litigation Claims and Demands from COVID-19
Regulatory Takings and Executive Power to Seize Property
Real Estate Developer Rights When Cities Demand Too Much
[WEBINAR] Planning in the Coastal Zone
On April 16, 2026, father and son Thomas and Madison Woodward filed a complaint in the federal court for the Northern District of New York against state officials, alleging that New York’s bans on oil and gas development by...more
Temporary restrictions on data center development are gaining traction nationwide, but many moratoria may be vulnerable to statutory, procedural, and constitutional challenges....more
When the government approves a private development that diminishes neighboring property values, can a property owner maintain a takings claim? According to a recent California court decision, the answer is no – governmental...more
On August 18, the US Court of Appeals for the Federal Circuit issued a significant decision in King v. United States, affirming that reductions in multiemployer pension benefits authorized by the Multiemployer Pension Reform...more
On September 12, 2025, the United States Court of Appeals for the Fifth Circuit, in AbbVie v. Fitch, Case No. 24-60375, (5th Cir. 2025), affirmed a federal District Court’s denial of a preliminary injunction sought by the...more
On July 28, 2025, the Director of Civil Works for the United States Army Corps of Engineers (USACE), Eddie Belk, issued guidance for analyzing induced flooding. This guidance is intended to help USACE Districts and Divisions...more
El Dorado County Traffic Development Fee Survives Scrutiny on Remand - Following the U.S. Supreme Court’s decision in Sheetz v. County of El Dorado, 144 S.Ct. 893 (2024), which held that the Takings Clause applies to...more
On July 16, 2025, the New Jersey Supreme Court unanimously ruled that the state’s charity care requirement—which mandates that hospitals must treat patients regardless of their ability to pay—does not amount to...more
On June 30, the Supreme Court denied the petition for a writ of certiorari in GHP Management Corporation v. City of Los Angeles. The case arose out of a COVID-era eviction moratorium enacted by the City of Los Angeles which...more
The U. S. District Court for the North District of Illinois recently enjoined the Village of Glen Ellyn from enforcing its short-term rental ban. The court granted a request for a temporary restraining order, which...more
In a win for landlords, on June 6th, 2025, the Federal Circuit denied the government’s petition for panel rehearing and rehearing en banc in Darby Development Company, Inc. v. United States. Darby arose out of a nationwide...more
The Fifth Amendment to the U.S. Constitution states, in part, “nor shall private property be taken for public use, without just compensation.” The federal Endangered Species Act deals with a different type of “taking.”...more
Is a business temporarily closed by order of the government entitled to compensation? Two groups of plaintiffs have petitioned the U.S. Supreme Court hoping not just for a “yes” but an overhaul of a half-century of regulatory...more
Last year, we reported on a significant published appellate decision, South San Joaquin Irrigation District v. PG&E, which concluded that when a public agency uses eminent domain to acquire the assets of an electric, gas, or...more
Efforts by the Executive Branch to shape and control regulatory output is nothing new. Beginning with the Nixon Administration, several administrations have issued Executive Orders (EOs) to limit or otherwise influence how...more
Investors and developers scour the Southern California real estate market searching for opportunities to buy dated houses that they can demolish and replace with large, modern homes to sell for much more. A few individuals...more
Tune in to the latest episode of "Come and Take It: The Eminent Domain Podcast." Host Bobby Debelak sits down with Winstead Shareholder Thomas J. Forestier, a leading infrastructure and eminent domain attorney with 37+ years...more
On September 4, 2024, the Center for Biological Diversity, along with more than 20 other groups, (collectively, CBD) delivered a petition (Petition) to the U.S. Fish and Wildlife Service (Service) in which CBD requested the...more
The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more
When a property owner brings a regulatory taking / inverse condemnation claim based on a city or county’s zoning decisions, the owner often provides context and history, including public statements made by staff, board...more
Itching to sue the government for taking your property? Treme v. St. John the Baptist Parish Council is a reminder that you must have a property interest subject to being taken in order to have standing to sue for a...more
Procedures governing eminent domain actions differ in some respects from other areas of law. Notably, all issues, except the sole issue of compensation, are adjudicated by the court....more
The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more
A public agency’s acquisition of private property can sometimes trigger significant severance damages due to eliminating access, cutting off utility service, or taking a substantial portion of a property’s parking. As...more
When one hears “eminent domain” or “condemnation,” you might envision a governmental agency or utility coming in and acquiring the entirety of a piece of property and leaving nothing behind. However, often times,...more