Here are the final two amici briefs in in Jarreau v. South LaFourche Levee District, No. 17-163 (cert. petition filed July 31, 2017), the case asking the Court to consider whether a property owner whose business is destroyed due to an exercise of eminent domain is entitled to just compensation for business losses under the Fifth Amendment’s Just Compensation Clause. Our amici brief in the case is available here. (sidebar: it’s pronounced “lafoosh”).
- Brief Amici Curiae of National Federation of Independent Business Small Business Legal Center, American Farm Bureau Federation, and American Forest Resource Council (“This case presents an opportunity to resolve a direct and long-running split amongst lower courts on the question of when, and under what circumstances, businesses may be awarded compensation for business-related losses—verifiably and foreseeably caused by an eminent domain condemnation.”)
- Amicus Curiae Brief of Pacific Legal Foundation (“There is no justification in the law or public policy to categorically bar the recovery of economic injuries when the government condemns real property supporting a business. Certainly, over the years, courts have adopted a general presumption that economic losses are not recoverable in a just compensation award—but that presumption is due to the fact that business injuries are often consequential to a condemnation action.”)
The case is set for consideration at the Court’s conference today, so we should have more news on this and two other property cases on today’s docket early next week. Could be an interesting week next week.