Memorial Day 2026: Arlington National Cemetery And Takings

Programming note: On the weekend we’ve set aside to remember our nation’s war dead, we thought we’d repost this one, about how Arlington National Cemetery came to be,. And yes, there’s a takings story there.

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You know how we’re always saying that the provisions in the Takings Clause are “self-executing,” that even in the absence of a waiver of sovereign immunity, the Tucker Act, and section 1983, property owners would still be able to maintain a claim for compensation? … Read the rest

The takings clause with Robert McNamara

The takings clause with Robert McNamara

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In this video, Nate Mowry interviews Robert McNamara of the Institute for Justice, one of the lawyers representing a group of landowners from Houston who sued Texas for flooding their land with a highway project. 

 

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