Here’s one more amicus brief (Public Lands Council, National Cattlemen’s Beef Association, Oregon Cattlemen’s Association, Washington Cattlemen’s Association, and Nevada Cattlemen’s Association) supporting the cert petition in Estate of Hage v. United States, No. 12-918 (cert. petition filed Jan. 17, 2013).
Estate of Hage is the case in which the Federal Circuit held that…
In Midwest Materials, Inc. v. Wilson, No. 84A04-1205-MI-258 (Feb. 27, 2013), the Indiana Court of Appeals held that Midwest did not suffer a taking for the loss of its property during the time a requirement that it provide water service to neighboring residences as a condition of a “special exception” needed to build a…
Here are the links to the materials and briefs from the Supreme Court’s three taking cases which we are discussing at today’s teleconference sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee.
Post-telecon note: thanks to everyone for joining us. I will be posting up the…
Did we say free? (If you are an ABA member, that is.)
Join us for a teleconference jointly sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee to discuss the latest and greatest in takings law, specifically the three cases the U.S. Supreme Court is ruling…
Here’s a case that illustrates the weird results that can occur in takings cases where a property owner can be deemed to be too late (the statute of limitations) or too early (ripeness), take your pick.
In 1996, Mr. Smith got disbarred by the Tenth Circuit and a few other federal courts, and in 1999…
Update: Gideon Kanner’s thoughts on the case here.
As we mentioned in this post about earlier proceedings in the case, when the plaintiff/property owner’s name is “Jerry McGuire” and he is asserting a claim for compensation, it’s inevitable that we all make reference to the “show me the money” catchphrase from Jerry …
Here’s the amicus brief filed today on behalf of the International Municipal Lawyers Association in Horne v. United States Dep’t of Agriculture, No. 12-123 (cert. granted Nov. 20, 2012). The brief argues:
Petitioners have needlessly complicated the vindication of their asserted rights under the Takings Clause of the Fifth Amendment by failing to file…
Most federal takings claims against state and local government do not get heard in federal court (except to dismiss them on res judicata grounds), under the one-two punch of Williamson County and San Remo Hotel.
Williamson County forces property owners into state court because a claim under the Fifth Amendment is not ripe…
Did you know that as a Hawaii landowner you own all unmarked or unbranded cattle, horses, mules, donkeys, sheep, goats, and swine, over twelve monthsof age, which may be running wild on your land? Yeah, we knew that.
We also knew that you are going to love any opinion that starts out with “[t]he dispute…
We’re sensing a trend here: takings cases where the property owners/plaintiffs are dead by the time their cases get considered by the Supreme Court. The week before last, the Court heard arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012), a case where the original landowner…
