The Eleventh Circuit bolstered the claims of a man who alleges Fulton County, Ga., illegally took seven of his horses by ...

The resulting destruction from this step-by-step rejection of judicial humility is as unnecessary as it is regrettable," a dissenting circuit court judge wrote.

A California state appeals court affirmed its prior decision that a $23,000 permit fee didn’t violate an El Dorado man’s ...

Justin Santolli and Garrett Shor examine the legal debate over whether COVID-19 eviction moratoria amount to unconstitutional ...

His groundbreaking 1985 book, Takings, refounded a defense of property rights on libertarian theory and Anglo-American legal practice. In Supreme Neglect, Epstein condenses his earlier arguments and ...

The Takings Clause is not a total bar on regulation, but merely a requirement that the state must pay just compensation (and that the seizure of property rights be for a "public use").

The Takings Clause generally does not provide compensation in such cases. Doing so would risk creating a serious moral hazard by incentivizing owners to engage in dangerous uses of their property ...