Takings Three: Briefs And Links From The Supreme Court’s 2013 Takings Trilogy

Here are the opinions, briefs, and links from the three Supreme Court cases involving Fifth Amendment takings this term, Arkansas Game & Fish (flooding), Koontz (monetary exactions), and Horne (takings as a defense):

Arkansas Game and Fish Comm’n v. United States, No. 11-597 (Dec. 4, 2012)

• Opinion of the Court (unanimous decision holding that government-induced flooding could be a taking, even if temporary).

• Our thoughts about the decision. 

• The Federal Circuit’s order on remand from the Supreme Court, asking the parties for additional briefing. 

• The petitioner’s merits brief is here. The federal government’s merits brief here. Petitioner’s reply brief here. Amicus brief of Owners’ Counsel of America here. IMLA’s amicus brief here.

• The Federal Circuit’s original opinion.

• The Court of Federal Claims’ original decision.

Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012)

• Oral argument transcript.

• Our thoughts on the oral arguments.

• Petitioner’s merits brief here. Water Management District’s merits brief here. Petitioner’s reply here. Amicus brief of Owners’ Counsel of America here. Center for Constitutional Jurisprudence amicus brief here. Brief of Hillcrest Property here. Four amici briefs supporting the petitioner here. Five amici briefs supporting the Water District here.

• The New York Times‘ editorial on Koontz.

• The Florida Supreme Court’s opinion.

Horne v. United States Dep’t of Agriculture, No. 12-123 (cert. granted Nov. 20, 2012)

• Oral argument transcript here (to be posted March 20, 2013).

• Petitioners’ merits brief is here. The USDA’s merits brief is here. The amicus brief filed by Texas is here. The brief filed by the Cato Institute, the NFIB, the Center for Constitutional Jurisprudence, and the Reason Foundation is here. The brief by the U.S. Chamber of Commerce is here. The amici brief by five constitutional law scholars is here. The amicus brief of IMLA is here. The amicus brief of Sun-Maid Raisins is here.

• The Ninth Circuit’s amended opinion.

• The Ninth Circuit’s original opinion (673 F.3d 1071).

For more on whether there is any bigger pattern here, see Three Takings Cases This Term – What’s The Deal.