Here’s a recently-filed cert petition which raises two questions about the constitutional calculation of just compensation.
Here are the Questions Presented:
A county unquestionably used real property that denied access to private property and allowed the private property owner to restore the denied access at the owner’s own expense, without county reimburse- ment. Although at trial a jury awarded substantial damages, the appellate court would eventually reduce damage to zero. The questions presented are:
1. When the government undisputedly takes a real property right, does a court have an independent duty to ensure that just compensation is more than $0?
2. Where there is a temporary taking of property rights, is it required under the Fifth Amendment to measure just compensation using the rental value of the property for the time it is taken?
Follow along on the Court’s docket here.
