Today’s commentary is by our colleage Thor Hearne, who regularly represents property owners in the Court of Federal Claims, the Federal Circuit, and the Supreme Court. He recently joined us on the faculty of the ALI-ABA eminent domain program in San Diego, and spoke at the 2011 Brigham-Kanner Property Rights Conference in Beijing.
Court of Federal Claims | Federal Circuit
Federal Circuit Talks Attorneys Fees Under The Uniform Relocation Act
Here’s today’s second decision about attorneys fees and costs, this time in an inverse condemnation claim out of the Federal Circuit, Bywaters v. United States, No. 2011-1032 (Mar. 1, 2012).
In a class action rails-to-trails takings case under the Little Tucker Act (less than $10,000 per claim, district court venue), the trial court awarded…
Guest Post: DOJ’s Rails-to-Trails Strategy Fails
Today’s post is authored by colleague Thor Hearne, who regularly represents property owners in the Court of Federal Claims, the Federal Circuit, and the Supreme Court. He recently joined us on the faculty of the ALI-ABA eminent domain program in San Diego, and spoke at the 2011 Brigham-Kanner Property Rights Conference in Beijing.…
CFC, New Orleans Edition
Last week, San Diego was on our karmic radar, as we were there for the annual ALI-ABA Eminent Domain conferences and there were a couple of cases and issues involving San Diego that popped up. This week, we’re off to the ABA Midyear meeting in New Orleans, so guess where the cases are coming from?
Fed Circuit On The Difference Between “Temporary” And “Permanent” Physical Takings
The San Diego area must be on the karmic radar this week, and here’s the latest: a Federal Circuit decision in a case involving the U.S. Border Patrol’s activities on private land on the border with Mexico. In Otay Mesa Property, L.P. v. United States, No. 2011-5002 (Jan. 25, 2012), the court held that…
Year-End Opinion Dump
Now that we’ve decked the halls, its time to clear the decks: the end of 2011 is on the horizon, and in order to start 2012 off on a fresh note, here are opinions of interest lined up in our “to post” queue, but that we’ve not found the time to actually digest and post:…
New Cert Petition: Is Temporary Flooding A Compensable Taking?
SCOTUSblog has listed a case we’ve been following, Arkansas Game & Fish Comm’n v. United States, as its “petition of the day” (cert petitions identified as “raising one or more questions that have a reasonable chance of being granted in an appropriate case”). SCOUTSblog posts the cert petition and the amicus briefs in support…
Petition For Rehearing/En Banc In CCA Associates: Time To “Sort Out” Takings Law
Count us in the “not surprised” column: the property owners have sought a panel rehearing or a rehearing en banc from the Federal Circuit in CCA Associates v. United States, No. 2010-5100 -5101 (Nov. 21, 2011).
The petition for rehearing asserts
If any case cried out for en banc review, this is the one.
Court Of Federal Claims: Water Rights Takings Claim Not Ripe (Flashbacks To The Hawaii Water Rights Case)
Here’s the latest in the Casitas case from the U.S. Court of Federal Claims. Casitas Municipal Water Dist. v. United States, No 05-168L (Dec. 5, 2011). This case highlights the importance of identifying the “property” right alleged to have been taken in these type of cases:
This case is before the court following a…
Bloomberg Reports On Greenberg’s “Audacious” Takings Lawsuit
From today’s Bloomberg, a report about the two recently-filed lawsuits alleging the federal government’s takeover of AIG in 2008 was unconstitutional. One suit was filed in federal court in New York against the Federal Reserve Bank of New York, the other, seeking $25 billion in just compensation, was filed in the U.S. Court of…