The Supreme Court's 2019 decision in Knick v. Township of Scott eliminated the requirement to exhaust state remedies before bringing federal takings claims, but what it did not do is offer a second bite at the apple to takings plaintiffs. The recently decided case of Warner v. City of Marathon may serve as a cautionary [...]
This week we have a somewhat unusual case, where the Virginia Supreme Court has struck down a statute that does not on the face of it purport to involve the use of eminent domain power, as a violation of Article I, Section 11 of the of the Virginia Constitution, which we usually think of as [...]
Earlier this month, the Court of Appeals of Texas, Fifteenth District, Austin, issued its opinion in a dispute between the Texas Parks and Wildlife Department (“TPWD”) and a white-tailed deer breeder. (Editor's Note: I can’t say I had personally ever heard of anyone breeding white-tailed deer before reading this opinion, as in Virginia and North [...]