An interesting one from the U.S. Court of Appeals for the Federal Circuit, Ligado Networks, LLC v. United States, No. 25-1792 (Mar. 9, 2026). In an unsigned opinion, the court held that it couldn’t determine whether the plaintiff suffered a physical taking of its radio license because the parties had not adequately briefed the argument that a federal statute created a private property
Continue Reading CAFED: We Can’t Tell Whether There’s Been A Physical Taking, Because You Haven’t Explained Well Enough What Property Interest You Have In Using Radio Frequencies
