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The Latest Breaking News from Brinkmanns

Supreme Court Refuses to Hear "Passive Park" Public Use Property Rights Case

While I am eager for the Court to take another public use case, I am actually happy the justices chose to reject this one. Its unusual facts made it a poor vehicle for revisiting Kelo v. City of New London.

Reason · Oct 22, 2024

Will SCOTUS Take on New York's Latest Eminent Domain Scam?

Two brothers are asking the Supreme Court to stop their town from using eminent domain to steal their land for an empty field.

Reason · Sep 26, 2024

NIMBY Towns, Fake Parks, and Eminent Domain

Plus: unpermitted ADUs in San Jose, Sen. J.D. Vance's mass deportation plan for housing affordability, and the California Coastal Commission's anti-housing record.

Reason · Jun 18, 2024

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read the most diverse news in one place.

Second Circuit Rules that a "Passive Park" Qualifies as a Public Use Authorizing Use of Eminent Domain—Even if this Rationale is a Pretext for a Desire to Block Private Owners' Plan to Build a Hardware Store

The case raises an important issue about what qualifies as a "pretextual" taking. It's a rare takings issue on which I don't have a clear position.

Reason · Apr 5, 2024

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