Property Law

Today we have a guest post by New York colleague Jennifer Polovetsky, who writes about an exactions case that is headed for the New York Court of Appeals. Disclosure: our firm represents the property owners in that court. 
Thanks to Jennifer (and to the New York Law Journal) for allowing us to republish her intriguing


Before we go further, a disclosure: this is one of ours.
Here’s the Complaint for Violations of Constitutional and Civil Rights, filed yesterday by the Santoro Family in federal court in Rhode Island. This lawsuit challenges, under the Public Use Clause, a RI town’s eminent domaining the family’s land for the ostensible purpose


Lawprof Timothy Mulvaney has published “Reconceptualizing ‘Background Principles’ in Takings Law,” 109 Minn. L. Rev. 689 (2025). 
If the title alone doesn’t grab your interest, here’s the summary from the article’s introduction:
Both libertarians and progressives rejoiced in the result reached by the Supreme Court in the 2023 matter of Tyler v. Hennepin