Taking of private property

The Supreme Court of New Jersey reversed and remanded a lower court decision awarding $375,000 in damages to beachfront property owners whose oceanfront view was obstructed by a dune built to…

The U.S. Supreme Court held that a government's demand for property from a land use permit application must satisfy the "nexus" and "rough proportionality" requirements of…

The Federal Circuit affirmed a lower court decision dismissing an individual's regulatory takings claim against the Bureau of Indian Affairs (BIA) for refusing to replace a bridge he used to…

The Federal Circuit reversed and remanded a lower court decision dismissing a developer's Fifth Amendment takings claim against the U.S. Army Corps of Engineers for denying its application…

The U.S. Supreme Court held that government-induced flooding that is temporary in duration may constitute a takings and is not automatically exempt from Takings Clause inspection. The case arose…

The Texas Supreme Court held that landowners have an ownership interest in the water beneath their property that cannot be taken for public use without adequate compensation under the Texas…

The Ninth Circuit held that a reserve program for raisins authorized by the Agricultural Marketing Agreement Act of 1937 does not constitute a taking in violation of the U.S. Constitution. The…

The Federal Circuit upheld the dismissal of landowners' suit against the United States seeking compensation for the alleged taking of their riparian and upland property rights stemming…

The Federal Claims court denied a mining company's motion and the government's cross-motion for summary judgment in a Fifth Amendment takings claim stemming from various CERCLA…

The First Circuit upheld the dismissal of a developer's federal takings claim against two state agencies for restricting its development of a coastal residential subdivision in Rhode…