Bound By Oath by IJ Neat Takings Tricks | Season 3, Ep. 13
Jun 16, 2025
Robert McNamara, Deputy Litigation Director at the Institute for Justice, argues pivotal property rights cases, alongside property law legends Gideon Kanner and Mike Berger. They dissect how the government circumvents fair compensation under the Fifth Amendment. The trio delves into alarming Texas cases where landowners face flooding without just recompense and examine landmark rulings like Agins v. Tiburon. The discussion highlights the evolving interpretation of property rights and the struggle between government authority and individual landowners struggling for just compensation.
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Takings Clause Is Self-Executing
- The Supreme Court has held the Fifth Amendment's takings clause is self-executing.
- Property owners can bring direct claims under the Fifth Amendment without needing statutory authorization.
Texas Ranch Flooded by State Highway
- Richie DeVillier's ranch in Texas flooded for the first time in over 100 years due to state highway expansion blocking water flow.
- The flooding destroyed homes, barns, equipment, and livestock, displacing the family long-term.
California Ordinance Blocks Building
- The Agins family in California faced a city ordinance blocking their right to build, effectively taking their property without payment.
- Their case exposed a regulatory taking tactic where governments avoid compensation by zoning changes.