Eminent Domain

Unresolved Takings Questions Following the October 2012 Supreme Court Term - Podcast

Environmental Law & Property Rights Practice Group Podcast
James S. Burling, Steven J. Eagle, Thomas W. Merrill, Dean A. Reuter September 18, 2013

Supreme Court frontThe United States Supreme Court issued three notable takings decisions during the October 2012 term in Koontz v. St. Johns Water Management DistrictArkansas Game & Fish Commission v. United States, and Horne v. Department of Agriculture. Our experts will discuss these opinions and the questions that they leave unresolved ahead of the 2013 term.


  • James S. Burling, Director of Litigation, Pacific Legal Foundation
  • Prof. Steven J. Eagle, Professor of Law, George Mason University School of Law
  • Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School
  • Moderator: Dean Reuter, Vice President and Director of Practice Groups, The Federalist Society

[Listen now!]

Does the Takings Clause Have an Expiration Date?

Engage Volume 13, Issue 1, March 2012
Michael James Barton, Brandon Simmons April 24, 2012

Does the Takings Clause Have an Expiration Date?In the last Term, the United States Supreme Court declined to review two property rights cases: Guggenheim v. City of Goleta, from the United States Court of Appeals for the Ninth Circuit, and CRV Enterprises v. United States, from the United States Court of Appeals for the Federal Circuit. Some observers expected the Court to grant the petitions for certiorari for these cases because both appellate decisions appeared to depart from the Court’s opinion in Palazzolo v. Rhode Island, which held that a claim brought under the Takings Clause of the Fifth Amendment could not be dismissed for lack of standing merely because the property owner had purchased the property after it became subject to the regulation effecting the alleged taking. Observers may have had additional hope that the Court would grant certiorari in Guggenheim and CRV Enterprises because of the circuits that decided the two cases: the Federal Circuit and Ninth Circuit have been described as having the worst and second-worst reversal rates, respectively, among the federal courts of appeal. Instead, the Court denied both petitions for certiorari, thus leaving unanswered the question: does the Takings Clause have an expiration date? [Read more!]

Key Findings: Statewide Survey of 600 Registered Voters in California

State Courts Survey
Kellyanne Conway October 13, 2010
On behalf of The Federalist Society, the polling companyTM, inc./WomanTrend conducted a survey of 600 registered voters in California.  The survey queried voters as to their knowledge and opinions of the California Supreme Court and its decisions and rulings, as well as of the different forms of jurisprudence.  Additionally, respondents were asked about their views toward immigration, marriage, eminent domain, affirmative action, and Senate judicial confirmations.

The Washington Supreme Court and the State Constitution: A 2010 Assessment

White Paper on Washington State Supreme Court
Michael J. Reitz, Michael Bindas, David K. DeWolf July 26, 2010
The Washington Supreme Court and the State Constitution: A 2010 AssessmentThe Washington State Supreme Court plays an important role, often affecting the lives of Washington's citizens in profound and intimate ways.  The Washington Supreme Court and the State Constitution: A 2010 Assessment examines the court's record in three specific areas in which it must pay particular attention to the state constitution and the limits it imposes upon state and local government.  These three areas are property rights (particularly in relation to the power of eminent domain), the Washington Constitution's Privileges or Immunities Clause, and individual liberties.  In examining the Court's jurisprudence in these three areas, the paper addresses the extent to which the Washington Supreme Court has applied precedent, the text and original meaning of the Washington Constitution, and provisions of the Federal Constitution.

Kelo, Grutter, and Popular Responses to Unpopular Decisions - Event Audio/Video

2008 Annual Student Symposium
Sherman Clark, Ward Connerly, Marci A. Hamilton, Robert P. Young, Jr. April 21, 2008

The Federalist Society's Student Division presented this panel at the 2008 Annual Student Symposium on March 8, 2008.  The panelists included Prof. Sherman Clark of the University of Michigan Law School, Mr. Ward Connerly, Founder and Chairman of the American Civil Rights Institute, Prof. Marci Hamilton of the Cardozo School of Law at Yeshiva University, and Justice Robert Young of the Michigan Supreme Court as the moderator.