Short Circuit 365 | I Like Old Property

A long-time friend of the Institute for Justice, Robert Thomas, joins us this week. For years he’s litigated property rights cases across the country, lately for the Pacific Legal Foundation, and also blogged his adventures—and a whole bunch of other property rights news—at inversecondemnation.com. With some years since his last visit to Short Circuit, he comes back to discuss a recent North Carolina case where the legislature revived some claims after a statute of limitations had lapsed. Was that the taking of a “vested right”? The court is unanimous in saying it wasn’t, but how the two opinions got there in different ways is the most interesting part. Then, IJ’s Justin Pearson brings us to the fields—and feed lots—of Minnesota for a retaliation case where a farmer petitioned the state legislature. That leads into a discussion of “old property” versus “new property” and how we should think about their protections. Plus, law students interested in SCOTUS previews being held at their school should reach out to Justin. Those looking for a little “where are they now” can skip to the end. And fans of Thomas Hardy can enjoy the opening. Register for the Tavern Debate on March 28, 2025 in Westlake Village, California! RSVP for our 10th Anniversary Party and Show on April 3d in DC! Click here for transcript. Wagner v. Scheirer McKinney v. Goins inversecondemnation.com Bound By Oath episode on Pennsylvania Coal SC episode on the British Constitution Tess of the d’Urbervilles