Topic
Takings Clause
493 published works
inversecondemnation.com
Best Stringcite. Ever.
Nothing to do with takings. Just thought you'd appreciate the Fifth Circuit's most epic stringcite we've ever seen, send along by a takings colleague. In re Acis Capital Management, L.P.,…
inversecondemnation.com
New Cert Petition: Does A Property Owner Need To Seek A Legislative Change To Ripen A Takings Claim?
Here's the latest in an issue we've been following for a long time: must a property owner first try to change the law which is claimed to work a taking…
Law of the Land
Seventh Circuit Court of Appeals Rejects “Takings” Challenge to a City Ordinance that Protects Tenants in Residential Buildings When Ownership is Transferred Through a Foreclosure Action.
This post was authored by Julie Tappendorf, Esq. and originally appeared on the Municipal Minute Blog. It is reposted with permission. In 2021, the City of Chicago adopted the “Keep…
inversecondemnation.com
CA9, 2-1: We Have A Magic Formula To Resolve Penn Central’s “Ad Hoc, Factual Inquiry” On 12(b)(6) In Every Case
The essence of the infamous three-factor Penn Central test for whether a restriction on the use of private property under the police power "goes too far" and is treated as…
inversecondemnation.com
New Cert Petition: Is Trademark Property Subject To The Same Takings Rules As Other Private Property?
Here's the latest in a case we've been following. The owners of the trademark of the famous baseball player Roberto Clemente asserted a physical takings claim after the Commonwealth of…
inversecondemnation.com
New Cert Petition (Ours): Can Courts Choose To Avoid Constitutional Challenges To Rent Control By Making Owners Chase Pointless Denials?
Here's the cert petition (filed yesterday) which asks whether a takings challenge to rent control which is justiciable under Article III (plaintiff has suffered a concrete injury that is fairly…
inversecondemnation.com
Courthouse Steps: Pung v. Isabella County
https://www.youtube-nocookie.com/embed/3SxJn8hfFE4?si=4dNABI98gUKVBimq Newly released: the Federalist Society's "Courthouse Steps" series covers Pung v. Isabella County, where the U.S. Supreme Court held that “just compensation” for Tyler takings is usually measured by…
inversecondemnation.com
Good News: Lucas Cert Petition Denied – TDRs Go Only To Just Comp, Not Takings
Here's the latest in a case we've been following for what seems like forever (and yes, it is one of ours, so we won't be commenting). This morning the U.S.…
inversecondemnation.com
New Note On Good Faith In Eminent Domain: “Public Use on the Loose: Clarifying the Takings Clause’s Public Use Requirement,” 53 Pepperdine L. Rev. 729 (Megan Hoefs)
We like seeing student-authored pieces in our areas of interest, especially those where the subject is eminent domain. Here's another example. In "Public Use on the Loose: Clarifying the Takings…
inversecondemnation.com
Aw Shucks: CAFED Agrees That Oysters Destroyed By Govt Aren’t Private Property
You remember when the Court of Federal Claims denied the government's motion to dismiss a takings claim and issued a very readable opinion rejecting the argument that oysters planted on…