The plaintiffs owned mining and homestead claims on land in the Santa Fe National Forest. They claimed they own easements to access these lands, recognized by federal statutes. The government said no, these are just access rights, not easements.
Then a fire, followed by flooding which severely damaged the Forest Service roads which the plaintiffs
Here’s a cert petition we’ve been waiting to drop, in a case we’ve been following out of Florida.
In Town of Ponce Inlet v. Pacetta, LLC, No. 5D14-4520 (Fla. Dist. Ct. App. June 16, 2017), the Florida District Court of Appeal reversed a Lucas takings verdict, concluding the case might not even be ripe
A short, but published, opinion from the U.S. Court of Appeals for the Fifth Circuit.
In Archbold-Garrett v. New Orleans, No. 17-30692 (June 22, 2018), the court held that the plaintiffs’ Fourth Amendment, Fifth Amendment, and Fourteenth Amendment claims (search and seizure, compensation, and procedural due process) were ripe for federal court, even though
In Adams Outdoor Advertising, LP v. City of Madison, No. 2016AP537 (June 19, 2018), the Wisconsin Supreme Court held that the City’s construction of a bridge next to — but not on — property on which Adams maintained a non-conforming billboard, was not a taking.
There didn’t seem to be much of a dispute
Before you get too excited about the California Supreme Court agreeing to consider an inverse condemnation case (the Court of Appeal’s decision in Weiss v. People ex rel. Dep’t of Transportation, No. G0552735 (Mar. 1, 2018)), remind yourself that it involves a procedural issue, and one that is very California-centric.
As our colleagues
A quick check of the Supreme Court’s docket in the Knick v. Township of Scott case shows that no less than 18 amici briefs have been filed top side. Not all of them in support of the Petitioner mind you (two, the briefs of the United States and of the American Planning Association, are in
The main point we’re trying to make in the amici brief we are filing today on behalf of Citizens’ Alliance for Property Rights Legal Fund in Knick v. Township of Scott, No. 17-647 (cert. granted Mar. 5, 2018), is that the average property owner simply cannot fathom why—if a state or local government has taken
Here’s the Petitioner’s Brief on the Merits in Knick v. Township of Scott, No. 17-647, the case in which the Supreme Court is being asked to revisit our old nemesis, Williamson County‘s “state exhaustion” requirement, a doctrine which tells takings plaintiffs that they cannot press a takings claim against state or local governments
Here’s the latest in the Houston flood cases against the federal government asserting inverse condemnation, which we’ve been following.
In this Opinion and Order, the Court of Federal Claims (Judge Lettow) rejected the Government’s motion to dismiss, deferring it until trial. If you want a quick rundown of the case, the
Earlier this week, we reported that a San Francisco trial court had heard arguments that Pacific Gas and Electric could not be liable for damages resulting from the Northern California wildfires under an inverse condemnation theory.
Well, here’s the court’s written Order Overruling PG&E’s Demurrers which the court made available yesterday. The crux of the