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Inverse condemnation

Moden v. United States

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 result of government actions at a U.S. Air...

Serra Canyon Co. v. California Coastal Comm'n

A California appellate court upheld the dismissal of a landowner's inverse condemnation claim against California in which it sought to avoid the effect of an irrevocable offer to dedicate land for public use. The dedication was made by...

Ridge Line, Inc. v. United States

The court vacates and remands a trial court holding that increased stormwater drainage from the construction of a U.S. Postal Service facility in West Virginia did not constitute a taking of a neighboring mall owner's property. The...

Pascoag Reservoir & Dam, Ltd. Liab. Corp. v. Rhode Island

The court upholds the dismissal of a property owner's inverse condemnation action against the state of Rhode Island for acquiring a portion of his property in 1975 by adverse possession. Because the owner failed to seek compensation...

Woodland Manor III Assocs., Ltd. Partnership v. McCleod

The court holds that a limited partnership does not have standing to maintain a cause of action under the Fifth Amendment of the U.S. Constitution for temporary inverse condemnation against a state environmental agency that required a...

Animas Valley Sand & Gravel, Inc. v. Board of County Comm'rs of the County of La Plata, Colo.

The court holds that a mine company cannot argue that a partial taking occurred when a county adopted a land use plan that designated a tract of the company's land as a river corridor where no mining could occur. The court first holds...

SK Fin. SA v. LaPlata County

The court holds that federal and state inverse condemnation claims and a state-law vested rights claim made by the owner of numerous lots in a subdivision in LaPlata County, Colorado, based on the county's denial of a land use permit,...

Del Monte Dunes at Monterey, Ltd. v. Monterey, City of

The court holds that a city's denial of a developer's permit application to develop 37.6 acres of oceanfront property did not substantially advance a legitimate public purpose and denied the developer all economically viable use of its...

Stevens v. Cannon Beach, City of

The court holds that the denial by an Oregon city and the Oregon Department of Parks and Recreation (Department) of oceanfront property owners' permit application to construct a seawall in the dry sand area of their property does not...

Ashley Park Charlotte Assocs. v. Charlotte, City of

The court holds that North Carolina's inverse condemnation statute preempts state commom-law claims of nuisance, trespass, and negligence, but does not preempt a statutory claim of strict liability asserted under the North Carolina Oil...