Thanks to a colleague for giving us the heads-up about a recently-filed cert petition involving an issue we covered in a different case recently: judicial takings. Specifically, an allegation that a federal court has taken property, and as a consequence, the United States owes just compensation. The background of the case is pretty interesting
New Judicial Takings Cert Petition: Can A Federal Court Take Property By Changing The Law?
Here’s the cert petition, recently filed in a case we’ve been following as it has made its way from the Court of Federal Claims and through the Federal Circuit.
The underlying matter was litigated in the District Court and the Fifth Circuit. Those courts concluded that the plaintiff did not own mineral leases
Back to the Future of Land Use Regulation – Brigham-Kanner Article
Here’s the (draft) article from our poriton of the first panel at the 2017 Brigham-Kanner Conference, “Back to the Future of Land Use Regulation.” (Also posted on SSRN here.)
This is an expanded version of our talk (listen to the audio here) during the Conference during which the William
Federal Circuit: Property Owners, Continue To File Your CFC Takings Claims Before You File Your District Court Action
If you “get” this headline and the decision by the Federal Circuit, then congratulations, you are a super takings nerd. King of the Nerds. Off-the-charts nerd. Your takings law geek certificate is in the mail.
In Petro-Hunt, LLC v. United States, No. 16-1981 (July 13, 2017), the U.S. Court of Appeals for the Federal
SCOTUS Amicus Brief: States May Be Able To Rewrite Property Law, But They Can’t Avoid Paying For The Change
Here’s the amici curiae brief we filed today on behalf of Owners’ Counsel of America, NFIB Small Business Legal Center, Cato Institute, and Professor David Callies in support of a cert petition which we detailed here.
The case is a regulatory takings claim, and involves wet and dry sand beaches, public
Amici Brief: If A Legislature Or Court Moves The Public Trust Shoreline Inland, It’s A Taking
Here’s the amicus brief we filed yesterday on behalf of lawprof David Callies and our colleagues at Owners’ Counsel of America in an important case involving ownership and use of the “dry sand” beach, now pending in the North Carolina Supreme Court.
In Nies v. Town of Emerald Isle, No. COA15-169 (N.C. App. Nov. 17
New Cert Petition: By Upholding Public Beach Road Access, Maine Supreme Court Judicially Took Our Driveway
Here’s a cert petition recently filed, which asks the U.S. Supreme Court to review the opinion of the Maine Supreme Judicial Court under a judicial takings theory.
The petitioners argue that the Maine court took their private property when it departed from its prior decisions and a statute and concluded that a road to
CFC Tackles Judicial Takings: SCOTUS “Cracked Door Ajar,” But Federal Circuit Mostly Says No Jurisdiction
A noteworthy opinion from the Court of Federal Claims in Petro-Hunt LLC v. United States, No. 00-512L (Apr. 26, 2016), dismissing a claim for a judicial taking for lack of subject matter jurisdiction because the claim would require the CFC, an article I court, to review the actions of the Fifth Circuit, an article
Amicus Brief: NYC’s Highline Park Is A Taking: A “General” Easement Allowing All Uses Isn’t Really An Easement At All
Earlier today, we asked the Federal Circuit for its permission to file this amici brief urging the court to rehear its recent panel decision in Romanoff Equities, Inc. v. United States, No. 15-5034 (Fed. Cir. Mar. 10, 2016).
This is a rails-to-trails takings case in which the panel concluded that the words in the
Cal App On Tidelands And Mexican Title: Owner Has Title In Land Used For Beach Access, But May Have Lost It By Dedication
Another day that we’re tied up, so there won’t be too much analysis. But we wanted to post this fascinating case out of the California Court of Appeal, Friends of Martin Beach v. Martin Beach 1 LLC, No. A142035 (Apr. 27, 2016).
As the caption of the case indicates, it involves beach access. Specifically