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"Property" construed

Lost Tree Village Corp. v. United States

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 for a CWA §404 wetlands fill permit. The...

Illinois Clean Energy Community Found. v. Filan

The Seventh Circuit held that the state of Illinois would be violating the U.S. Constitution if it confiscated any part of a clean energy foundation's assets. After the state legislature passed an authorizing statute, the foundation was...

American Pelagic Fishing Co. v. United States

The Federal Circuit reversed a lower court decision that a commercial fishing company suffered a taking when its fishing permits were revoked under 1997 and 1998 Appropriations Acts. The Appropriations Acts cancelled the company's...

Chancellor Manor v. United States

The court holds that a trial court erred in its determination that real estate developers who claimed that the government's enactment of legislation relating to low-income housing programs that breached contracts between the developers...

Esplanade Properties, Ltd. Liab. Corp. v. Seattle, City of

The court affirms a district court holding that a city's denial of a company's application to develop shoreline property did not violate the company's state or federal due process rights and did not result in a taking. The court first...

Banner v. United States

The court affirms the Court of Federal Claims' dismissal of individuals' claims that the enactment of the Seneca Nation Land Claims Settlement Act (SNLCSA) constituted a taking of property rights that the individuals held on the...

Adams Outdoor Adver. v. E. Lansing, City of

The court holds that a municipal regulation prohibiting billboards on rooftops did not effect a taking of an outdoor advertiser's interest in its rooftop signs. The regulation, enacted in 1975, prohibited rooftop billboards after 1987....

Maritrans, Inc. v. United States

The court holds that the passage of the Oil Pollution Act (OPA), which requires single-hulled oil tankers to be retrofitted with double hulls or be phased out of service, did not effect a taking of shipping companies' oil tankers. The...

Maricopa-Stanfield Irrigation & Drainage Dist. v. United States

The court holds that the federal government's reallocation of a Native American tribe's excess water supply to a second tribe did not constitute a taking of irrigation districts' water rights. After the districts entered into...

Bormann v. Board of Supervisors in & for Kossuth County, Iowa

The court holds unconstitutional a state statute that provides immunity from nuisance suits to farms in designated agricultural areas. A county's approval of an application for an agricultural area gave the applicants immunity from...