Come & Take It: The Eminent Domain Podcast (Episode #13), Featuring Winstead Shareholder Tom Forestier
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This Week®
More Emerging Litigation Claims and Demands from COVID-19
Real Estate Developer Rights When Cities Demand Too Much
The Koontz Decision: Limits Conditions a Government can Impose on Developers
Supreme Court Hands Landowners a Major Victory - Nossaman's Brad Kuhn
California jurisdictions have historically relied on development impact fees adopted under the Mitigation Fee Act (MFA) or Quimby Act to fund new infrastructure, utilities and park facilities. Although it cannot be cited as...more
The U.S. Supreme Court is set to revisit constitutional questions surrounding property tax forfeitures in Pung v. Isabella County, the latest state and local tax (SALT) case on its docket. In this episode of "Real Estate Law...more
Late last year a federal judge ruled that the tax sale system used by Cook County is unconstitutional, violating both the Fifth Amendment and Eighth Amendment. Cook County conducts an annual sale for properties with...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
Recently, the State of New York filed a motion to dismiss an amended complaint in a putative class action lawsuit challenging the constitutionality of New York’s Foreclosure Abuse Prevention Act (FAPA)...more
While state unclaimed property or escheatment laws, at least in theory, exist to help reunite people with their lost property, states are increasingly coming to view unclaimed property as just another revenue source. One...more
The recent Morgan v. City of Norfolk decision provides a detailed look at how Virginia courts approach inverse condemnation claims tied to multi-phase construction projects. The Court’s analysis offers practical lessons on...more
In a decision addressing the intersection of trademark law, sovereign immunity, and constitutional takings, the US Court of Appeals for the First Circuit partially revived Lanham Act claims brought by the heirs of baseball...more
A central feature of modern condemnation law is the acquisition, whether mandatory or discretionary, by condemning authorities of remaining parcels in the context of partial takings. These remainders subject to acquisition...more
The unclaimed property landscape will continue to evolve rapidly in 2026. States are modifying their enforcement methods and broadening the reach of their statutes while simultaneously facing increased legal challenges from...more
North Dakota surface owners defeated the carbon-storage lobby’s effort to steal their interstices.* In Northwest Landowners Association, et al, v. State of North Dakota et al, a district court declared a portion of the CO2...more
On December 29, 2025, xAI, the developer of the artificial intelligence (AI) chatbot Grok, filed a lawsuit seeking to invalidate California’s Generative Artificial Intelligence: Training Data Transparency Act (TDTA). ...more
A federal judge has rejected a bid to block Pittsburgh’s affordable‑housing set‑aside rules, leaving the city’s inclusionary zoning fully in effect and denying emergency relief. The court’s decision in Builders Association of...more
In politics, in building, in personal goods, and in anything else, for years now I’ve been asking the same question…how is that going to be paid for? New government programs sound great if the funds are available, but if they...more
The Ohio General Assembly is currently considering legislation that would significantly expand restrictions on land ownership by individuals, businesses, and governments associated with certain designated foreign adversaries....more
Ohio’s new permanent escheat law, enacted to fund major sports facility projects, has resulted in constitutional challenges and a preliminary injunction blocking the planned transfer of unclaimed property funds. Our Unclaimed...more
On the first day of Christmas my client came to me and asked: “who holds title to the partridge in a pear tree that is within our new proposed right-of-way?” I replied that a partridge is a wild animal and not typically...more
On October 22, 2025, a ballot initiative titled the “2026 Billionaire Tax Act” was filed with the California Attorney General. An amendment to the initiative was filed on November 26, 2025....more
As we previously reported, Maine recently enacted changes to its Net Energy Billing (“NEB”) program. Those changes, in part, reduce compensation for existing commercial and industrial NEB program participants and implement a...more
Wetlands permitting disputes resolved in the last year provide stark reminders and cautionary tales about Conservation Commission authority. The Massachusetts Wetlands Protection Act (the “Act”) authorizes Conservation...more
The debate over bison on private property centers on a long-standing tension among wildlife law, property rights, tribal sovereignty, and public safety in states where bison roam near private lands (e.g., Montana, Wyoming,...more
The Court of Appeals of Washington (“Court of Appeals”) addressed in an October 14th Opinion an inverse condemnation issue. See Mark D. Stephens & Lynn Stephens, Appellants, v. Town of Steilacoom, a municipal corporation,...more
In federal condemnation actions, federal rules and principles generally control, despite a significant crossover with condemnations in the state courts. United States v. Miller, 317 U.S. 369 (1943). The procedural framework...more
Getzel Bee is the name of a New Jersey limited liability company caught up in a strange condemnation case. ...more
On October 15, the California Hospital Association (CHA) filed a petition against the California Office of Health Care Affordability (OHCA) and related entities. The petition challenges the imposition of stringent cost...more