Regulatory takings

The Federal Circuit held that a mining company did not suffer a taking when the OSM designated lands subject to the company's surface mining leases as unsuitable for mining pursuant to SMCRA…

A federal claims court, on remand, adjusted the damages awarded to the owners of low-income housing units that suffered a temporary regulatory takings in connection with the passage of the…

The court holds that real estate developers who voluntarily participated in U.S. Department of Housing and Urban Development (HUD) low-income housing programs suffered a compensable, temporary,…

The court dismisses a landowner's takings claims against the U.S. Army Corps of Engineers (the Corps) and Minnesota state agencies for rejecting his proposed wetland replacement plan and…

The court holds that a local planning commission violated property owners' Fifth Amendment rights by vacating a restrictive covenant in their neighborhood for a private purpose. The…

The court affirms the U.S. Court of Federal Claims' holding that the passage of the Resolution of Western Lands Dispute Act did not effect a taking of a railroad's land. When the…

The Court holds that moratoria on development imposed during the process of devising a comprehensive land use plan do not constitute a per se taking of property requiring compensation under the…

The court denies the government's motion for summary judgment in a case brought by an individual alleging that the government effectively took the individual's property without just…

The court affirms a district court holding that a development company failed to exhaust adequate state remedies in challenging as a taking a special assessment levied by a village. In 1980, the…

The court reverses a lower court decision finding the Office of Surface Mining Reclamation and Enforcement (OSM) liable for the permanent taking of a mining company's leasehold property. The…