Taking of private property

The court holds that a Surface Mining Control and Reclamation Act (SMCRA) enforcement action by the U.S. Department of the Interior's Office of Surface Mining Reclamation and Enforcement (OSM…

The court holds that a developer of a Louisiana tourist resort did not have a sufficient compensable property interest to bring a taking claim against the U.S. Army Corps of Engineers (Corps) for…

The court holds that the denial by an Oregon city and the Oregon Department of Parks and Recreation (Department) of oceanfront property owners' permit application to construct a seawall in…

The court holds that the attachment to landowners' development permits of conditions that require landowners to dedicate portions of their property for public use is not a taking of property…

The court holds that North Carolina's inverse condemnation statute preempts state commom-law claims of nuisance, trespass, and negligence, but does not preempt a statutory claim of strict…

The court holds that the Pennsylvania Department of Environmental Resources' denial of a permit for landowners to fill wetlands on their property to construct an auto body shop did not…

The court amends its decision at 22 ELR 21455, which vacated and remanded a magistrate judge's decision that a Florida county's land use plan resulted in a taking of waterfront property…

On remand from the U.S. Supreme Court, the South Carolina Supreme Court directs the trial court to make specific findings of damages, commencing with the date of enactment of the 1988 state…

The court holds that a U.S. Army Corps of Engineers' (Corps') cease and desist order requiring a land developer to suspend construction on wetlands' portions of a residential…

The court holds that a California county, as a public entity and holder of the power of eminent domain, did not act in good faith when it entered private property to build improvements and thus…