Taking of private property

The court upheld a lower court decision dismissing residents' takings claim against a city for the dewatering of their water wells in the 1990s. Their takings claim based on past violations…

The court vacates a lower court decision finding that the United States is not liable to a mining company for the alleged permanent physical taking of its leasehold interest in a 158-acre tract of…

The court reverses the dismissal of the Louisiana Fish & Game Preserve Commission's takings claim against the United States in a case involving a conflict between the state commission…

A court holds that a county did not effect a physical or regulatory taking when it imposed conditions on a landowner's permit to activate a well on its property. The conditional use permit…

The court holds that a state statute concerning the shooting of small game from a public right-of-way does not constitute a compensable taking under the U.S. or South Dakota Constitutions. Lacking…

The U.S. Supreme Court held that a city's proposed disposition of property owners' property, in a plan designed to revitalize the city's ailing economy, qualifies as a "public…

The Court held that the "substantially advances" formula, announced in Agins v. City of Tiburon, 447 U.S. 255, 10 ELR 20361 (1980), is not an appropriate test for determining whether a…

The Third Circuit reversed a district court judgment awarding compensation to property owners pursuant to the government’s taking of 6.45 acres of land in the Gettysburg National Military…

The Federal Circuit upheld the dismissal of landowners' inverse condemnation suit against the federal government alleging that their property was contaminated by trichloroethylene (TCE) as…

The Fifth Circuit, in a class action suit, reversed in part, vacated in part, and remanded for further proceedings a lower court decision dismissing landowners' Fifth Amendment takings claims…