We’re used to knee-jerk reactions by state and local governments to takings claims: whatever the circumstances, the property owner is wrong, and loses. So it’s nice to see a brief where a state government stakes out a more objective position.
Texas has filed an amicus brief in Horne v. United States Dep’t of Agriculture…
Here’s the amici brief of the Cato Institute, the NFIB, the Center for Constitutional Jurisprudence, and the Reason Foundation in support of the petitioner/property owner in Horne v. United States Dep’t of Agriculture, No. 12-122 (cert. granted. Nov. 20, 2012).
That’s the case in which the Supreme Court is considering whether a property owner…
Okay, all you “relevant parcel” mavens, here’s another decision for you (once again involving land in Florida, although, unlike the other case which came out of the Florida court of appeals, this one is out of the U.S. Court of Appeals for the Federal Circuit) .
These decisions provide a measure of sanity to the…
Here’s the petitioners’ merits brief in Horne v. United States Dep’t of Agriculture, No. 12-122 (cert. granted. Nov. 20, 2012).
That’s the case in which the Court is reviewing Horne v. United States Dep’t of Agriculture, 673 F.3d 1071 (9th Cir. 2011), in which the Ninth Circuit concluded a takings claim raised as…
Worth listening: a short (10 minute) podcast by Professor Richard Epstein, with his thoughts on Arkansas Game and Fish Comm’n v. United States, No. 11-597 (Dec. 4, 2012).
Here are some thoughts about yesterday’s opinion in Arkansas Game and Fish Comm’n v. United States, No. 11-597 (Dec. 4, 2012), in which a unanimous Supreme Court held that government-induced flooding could be a taking, even if temporary.
Bad Puns and a “Flood” of Litigation
First, the temptation in flooding cases is to make…
Here are some initial reports of today’s unanimous Supreme Court decision in Arkansas Game and Fish Comm’n v. United States, No. 11-597 (Dec. 4, 2012), which held that government induced flooding could be a taking, even if the inundation of the land is temporary. We filed an amicus brief in the case supporting the property…
This just in: the Supreme Court has issued a unanimous opinion (authored by Justice Ginsburg) in Arkansas Game and Fish Comm’n v. United States, No. 11-597 (Dec. 4, 2012), holding that government induced flooding is a taking, even if temporary.
The Court roundly rejected the Federal Circuit’s conclusion that flooding caused by the Corps…
More on Horne v. U.S.D.A., No. 12-123 (cert. granted Nov. 20, 2012) from the Los Angeles Times: Supreme Court to hear California raisin growers’ case.
As you know, yesterday the Supreme Court granted cert in Horne v. U.S.D.A., No. 12-123 (cert. granted Nov. 20, 2012), the third takings claim this season. As this article asked, what, if anything, is going on? Is it just “serendipity” or a “return to the norm” as two lawprofs quoted in the article…
