How’s this for a raw deal: not only does the federal government seize both your land and your home, but it also takes your entire country with the intention of detonating multiple thermonuclear weapons where you once lived. Meaning you won’t be able to return to the homeland you loved for oh, let’s just say
Federal Circuit: No Taking For Forest Fire
[Update: wildlandfire readers, see the bottom of the post.]
In a case we first analyzed here when the lawsuit was dismissed by the Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit in Cary v. United States, No. 2008-5022 (Jan. 16, 2009) held that the federal government was not liable
Show Me The Money (In The Court of Federal Claims), Williamson County Ripeness, And A Possible Circuit Split
When the case is captioned “Jerry McGuire v. United States,” and involves an inverse condemnation claim seeking compensation from the government, how could anyone resist making a reference to Jerry Maguire, the 1996 Cameron Crowe film that added “show me the money” to the lexicon? I couldn’t, nor, apparently, could
Federal Circuit: Government Diversion of Water For Fish Ladder is Per Se Taking
A very important decision today from the US Court of Appeals for the Federal Circuit. In Casitas Municipal Water District v. United States, No. 2007-5153 (Sep. 25, 2008), the court held that contractual water rights were taken when the federal government required the landowner to contruct a fish ladder and divert water in order
Three Times The Pain, And Your Own Self To Blame*
So the federal government tells you that the device you are making is not a “machine gun” and you go ahead and start to manufacture them. Times change, though, and three years later “upon further review” (as they say in the NFL), the government tells you that the device is is an illegal “machine gun”
PING: blu ray playerURL: http://3dwise.co.uk/IP: 108.174.194.111BLOG NAME: blu ray playerDATE: 02/06/2013 01:46:39 PMinversecondemnation.com: CFC: No “Border Patrol” Servitude
In D & D Land Holdings v. United States, No. 06-877L (filed under seal: June 25, 2008, reissued: June 30, 2008), the Court of Federal Claims held the landowner’s claim that the Border Patrol’s activities on its land resulted in a compensable Fifth Amendment taking was not barred by the six-year statute of limitations
Court of Federal Claims Awards Compensation for Taking of Vested Water Rights
The speed of information on the internet sure is fast. I was preparing a post summarizing the recent Court of Federal Claims decision in Estate of Hage v. United States,No. 91-1470L (May 6, 2008), which awarded Nevadaproperty owners several million dollars in just compensation for the taking of theirvested water rights by the federal
Federal Circuit En Banc Petition in AmeriSource
The property owner has filed a Petition for Rehearing and Suggestion for Rehearing En Banc in AmeriSource Corp. v. United States,No. 07-1521 (Fed. Cir. May 1, 2008).
In that case, the Federal Circuit held that when an innocent party’sproperty is seized for use in a criminal prosecution but never used as evidence, no FifthAmendment
CFC: Takings Claim For Flooding Not Barred By Statute of Limitations
In Richard A. Forsgren Revocable Living Family Preservation Trust v. United States, No. 07-14L (May 12, 2008), the Court of Federal Claims (the court which has exclusive jurisdiction over inverse condemnation claims against the federal government in excess of $10,000) held that a property owner who alleged the government caused its land to flood