Court of Federal Claims | Federal Circuit

This really was a “blockbuster” Term for the Supreme Court and takings law: no less than three cases (and four, maybe five, if you expand it slightly to include property-owner favorable cases such as Lozman and last term’s Sackett), and as Gideon Kanner noted recently, the CLE sessions are flying fast and furiously.

Here’s one we’ve been meaning to post for a few days because it involves the nuts-and-bolts of eminent domain and inverse condemnation work — the calculation of just compensation and damages, and another victory for colleague Thor Hearne.

In a rails-to-trails taking case our of Florida, McCann Holdings, Ltd. v. United States, No.

Here’s the amicus brief filed today by Pacific Legal Foundation in Mehaffy v. United States, No. 12-1416 (cert. petition filed June 5, 2013).

That’s the case in which the Supreme Court is being asked to review to review the Federal Circuit’s unpublished opinion in which the court affirmed the Court of Federal Claims’ grant…

Do regulations that exist at the time that a property owner purchases his land negate any expectation that he will be able to use the land productively? Not according to this amici brief, filed today in Mehaffy v. United States, No. 12-1416 (cert. petititon filed June 5, 2013).

The cert petition asks the…

The Supreme Court has denied cert in Estate of Hage v. United States, No. 12-918 (cert. petition filed Jan. 17, 2013).

That’s the case in which the Federal Circuit held that a 22-year old takings case was not ripe because even though the agency denied Hage’s every application for a grazing permit, it…

Mark your calendars for July 12, 2013 for our CLE teleconference on “Supreme Court Takings: A First Look at Koontz and Horne,” sponsored by the ABA’s State and Local Government Law Section. We’ll start at 1:00 pm ET (Noon CT, 11:00 am MT, 10:00 am PT, 7:00 am HT). Here’s the program…

Here’s the cert petition filed last week which asks the Supreme Court to review the Federal Circuit’s unpublished opinion in Mehaffy v. United States (Dec. 10, 2012). In that case, the court affirmed the Court of Federal Claims’ grant of summary judgment to the government, holding that Mehaffy failed the Penn Central test solely because…

Having now had a chance to review in detail the U.S. Supreme Court’s unanimous opinion in Horne v. U.S. Dep’t of Agriculture, No. 12-123 (June 10, 2013), we were struck by how at least one of the reactions to the decision painted it as a “narrow, specialized ruling” that’s more of a one-off, than…

We haven’t had time to write up our thoughts about today’s unanimous Supreme Court opinion in Horne v. U.S. Dep’t of Agriculture, No. 12-123, but to tide you over until then, here are the initial reports on the case:

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Looks like the Supreme Court tackled the easier of the two remaining takings cases first. This morning, the Court issued a unanimous opinion, authored by Justice Thomas, reversing the Ninth Circuit and holding that federal courts have jurisdiction to hear a property owner’s defense in a case where the agency has imposed or seeks to…