Here are links to worthwhile reads, all with a takings flavor:
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Here’s the property owner/petitioner’s Reply Brief in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), the Supreme Court takings case scheduled to be argued on October 3, 2012.
The Federal Circuit held that flooding caused by the Corps was only temporary that destroyed G&F’s trees did not…
We sure wish we could have attended the Cato Institute’s recent Constitution Day program in Washington, D.C., but here’s the next best thing, a video of the presentations on Property Rights, with a review of the recent Sackett and PPL Montana decisions by the Supreme Court, and an update about the state of property rights.
Check out Evans v. United States, No. 2010-1303 (Fed. Cir. Sep. 17, 2012), a rails-to-trails case in which the Federal Circuit “confess[ed] to some puzzlement over exactly what all this sturm und drang is about.” Slip op. at 9 (footnote omitted). The court resolved a procedural issue in favor of property owners (represented by…
Here’s the federal government’s merits brief in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), the case in which the Federal Circuit held that flooding caused by the Corps of Engineers was only temporary, and did not result in a compensable taking merely because it eventually stopped…
A short one, but one worth noting. In Howard v. United States, No 09-575L (CFC Aug. 1, 2012), the U.S. Court of Federal Claims once again rejected the government’s too-clever-by-half argument in a railbanking case.
Thanks to colleague Thor Hearne for the heads-up on this decision.
We are at the ABA Annual meeting this week, so don’t have a lot of time to keep up a long-distance practice and write up comprehensive blog posts, so we’re going to keep it short.
Here’s the latest takings decision from the Federal Circuit in a case we’ve been following, Estate of Hage v. United States…
In a case that was probably doomed from the start because of an earlier precedential ruling, the Federal Circuit concluded that the government’s temporary seizure of the plaintiff’s computer “for review” at a border stop and the subsequent destruction of the computer hard drive and resulting loss of data was not a taking because…
Check out the latest brief filed in the Federal Circuit by our colleague Thor Hearne. Readers know Thor as our semi-regular updater of the latest from the Court of Federal Claims in “rails-to-trails” takings cases, and this appeal is from a CFC case on that subject.
In Ladd v. United States, the CFC…
When does a party who loses a petition for rehearing actually win it?
In Bywaters v. United States, No. 2011-1032 (Fed. Cir. Mar. 1, 2012) an opinion we detailed here, a 2-1 panel of the Federal Circuit held that the property owner’s request for attorneys fees under the Uniform Relocation Assistance and Real…
