While we put the finishing touches on our full write-up of last week’s oral arguments in Horne v. U.S.D.A., No. 14-275 (we posted our initial thoughts after attending the Court’s session here), here are other summaries of the arguments:
Fed Cir: Claim That U.S. District Court Judicially Took Property Can’t Be Brought In The Claims Court
What we learned from the Federal Circuit’s opinion in Shinnecock Indian Nation v. United States, No.14-5015 (Apr. 7, 2015):
- A $1,105,000,000 (that’s $1.1 billion and change) is the Nation’s claim in the U.S. Court of Federal Claims for what the Hamptons are worth. Slip op. at 3. Sounds about right.
- The Nation sued
Fed Cir (Nonprecedential): A Federal Employee Posting On The Internet From A Gov’t Computer Isn’t A Taking
With rare exception, we don’t cover unpublished, nonprecedential decisions. But we’re posting Fuller v. United States, No. 2014-5117 (Mar. 10, 2015), an unpublished opinion from the Federal Circuit, because it reminded us of a presentation by Jim Burling at the recent ALI-CLE Eminent Domain conference, “Novel Takings Theories: Testing the Boundaries of
Tohono’s “Jurisdictional Ambush” And The Tucker Act Shuffle In The Federal Circuit
This one from the Federal Circuit is a must read, particularly for those interested in takings claims where the federal government is involved. But even if that doesn’t describe you, we think you should review Ministero Roca Solida v. United States, No. 14-5058 (Feb. 26, 2015), because the issues raised — especially in Judge
Still Time To Join Us For The 2015 ALI-CLE Eminent Domain Programs In San Francisco
This could be your view, winging your way to San Francisco in a couple of weeks, to join us for the 2015 ALI-CLE Eminent Domain and Land Valuation Litigation Conference (and the concurrent Condemnation 101 program), at the Hotel Nikko, February 5-7, 2015.
There’s still a few spaces left, and time to register. We’re the
Right To Compensation Self-Executing: Property Owners Entitled To Jury & Article III Judge In Federal Inverse Cases
It’s been accepted for such a long time that it’s become one of those things that “everyone knows we’ve always done it that way,” but most probably don’t quite know why that is so: if you have to sue the United States for a regulatory taking or inverse condemnation, you go to the
Property Rights Lawyer Among National Law Journal’s “Litigation Trailblazers”
Congratulations to friend and colleague Thor Hearne for his being named as one the Top 50 Litigation Trailblazers by the National Law Journal. Or should we say Rails-to-Trails-Blazer?
Readers of the blog are familiar with his guest posts (see also this one), our coverage of his work, and his own Federal
Federal Circuit On Williamson County Ripeness And Other Takings … Stuff
Biafora v. United States, No, 2013-5130 (Dec. 10, 2014), is one of those opinions that you don’t really look forward to reading. Something about the Federal Circuit seems to attract these type of takings cases, where the parties are many, the alphabet-soup regulatory environment is byzantine, and the effort of understanding the context often
Brigham-Kanner Property Rights Conference – Panel Videos Now Available
For those of you who couldn’t join us at the William & Mary Law School last month for the Brigham-Kanner Property Rights Conference (see our report here), the law school has made videos of the four panel presentations available here.
They’re high quality videos, so be prepared for big downloads, but the
Links From Today’s ABA Talk On The AIG Bailout Takings Case
To all who were able to join today’s ABA Section of Real Property, Trust and Estate’s Condemnation, Zoning and Land Use Committee’s call on the AIG takings trial, currently pending in the U.S. Court of Federal Claims, thank you for participating. I’ve posted the entire talk (minus questions) above.
Here are the links to the