It looks like the federal government will likely seek U.S. Supreme Court review of Casitas Municipal Water District v. United States, 543 F.3d 1276 (Fed. Cir. 2008). As noted here, the SG’s office has sought and received two extensions of time and the cert petition is now due by July 17, 2009.
In…
The US Court of Appeals has reversed the Court of Federal Claims’ dismissal of a takings case, holding the right to develop land is property protected by the Takings Clause. In Schooner Harbor Ventures, Inc. v. United States, No. 2008-5084 (June 16, 2009), the property owner claimed a designation of its property (Site 28)…
To those who attended today’s seminar “Integrating Water Law and Land Use Planning,” thank you. The materials from my session on “Water Rights, Property Rightsand the Law of Settled Expectations” are below.
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Economist Bill Wade offers his thoughts on the recent (and latest) Rose Acre decision by the Federal Circuit, a case we summarized here.
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Of shoes and ships, eggs and farms; Or, Penn Central through the Looking Glass
by William W. Wade, Ph.D.
Fans of arcane takings decisions will not find a more economically…
Thanks to my fellow Damon Key land user Greg Kugle for letting me know the Federal Circuit has affirmed Palmyra Pacific Seafoods, L.L.C. v. United States, 80 Fed. Cl. 228 (Jan. 22, 2008), a case we summarized here. The Federal Circuit’s opinion is available here.
The court held that licenses to use…
Here are the latest opinions of interest from the Court of Federal Claims, which has nationwide jurisdiction over inverse condemnation and regulatory takings claims against the federal government where the compensation sought exceeds $10,000:
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In 1999, without asking the owner’s permission, the federal government constructed a 35,000 square foot “borrow pit” on a parcel in a remote corner of Texas. The owner did not learn about the government’s activities until 2004, when a migrant worker who had crossed the property to access the Rio Grande told him about it.
The U.S. Supreme Court today issued an order denying review in AmeriSource Corp. v. United States, No. 08-497 (cert. petition filed Oct. 15, 2008), the case which asked “[w]hether it is a taking compensable under the Fifth Amendment for the Government to seize (and not return) an innocent third party’s propertyfor use as evidence in…
According to this story from the BLT (Blog of Legal Times), President Obama has appointed Judge Emily C. Hewitt as the new Chief Judge of the Court of Federal Claims.
This is of interest to readers of this blog, of course, because the CFC hears regulatory takings and inverse condemnation claims by property owners who…
Okay, we’ve decided to surrender to temptation and let fly with bad (and obvious) egg puns. But at least they’re out of our system in the beginning. After that, no more yolks. We promise.
In Rose Acre Farms, Inc. v. United States,No. 2007-5169 (Mar. 12, 2009), the U.S. Court of Appeals for theFederal Circuit…
