The Takings Clause of the Fifth Amendment says the government may only "take" private property for a "public use." In cases like Berman v. Parker and Kelo v. City of New London, the Supreme Court has ...

Montana Fish Wildlife and Parks is again asking for public comments on the second phase of a conservation easement project with the Green Diamond Company, a timber company. The proposed project ...

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 ...