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Permanent physical takings

Horne v. United States Department of Agriculture

The Ninth Circuit held that a reserve program for raisins authorized by the Agricultural Marketing Agreement Act of 1937 does not constitute a taking in violation of the U.S. Constitution. The USDA imposed civil penalties against two...

Mildenberger v. United States

The Federal Circuit upheld the dismissal of landowners' suit against the United States seeking compensation for the alleged taking of their riparian and upland property rights stemming from U.S. Army Corps of Engineers activities to...

Arkansas Game & Fish Commission v. United States

The Federal Circuit held that the U.S. Army Corps of Engineers' temporary deviations from the water release rates set forth in an operating plan for the Clearwater Dam that caused increased flooding in Arkansas' Dave Donaldson...

CRV Enterprises, Inc. v. United States

The Federal Circuit upheld a lower court decision rejecting landowners' claims that the United States had taken their property without just compensation by erecting a log boom that prevented them from using a slough next to their...

Rockstead v. Crystal Lake, City of

The Seventh Circuit upheld the dismissal of landowners' takings claim against a city for allowing their land to become flooded due to city-owned stormwater detention ponds and a wastewater treatment facility. The flooding transformed...

John R. Sand & Gravel Co. v. United States

The court vacates a lower court decision finding that the United States is not liable to a mining company for the alleged permanent physical taking of its leasehold interest in a 158-acre tract of land in Michigan. The takings claim...

Stearns Co., Ltd. v. United States

The Federal Circuit reversed a lower court decision that the Surface Mining Control and Reclamation Act (SMCRA) produced a physical taking of a company's mineral rights. In 1937, the company sold the surface rights of land in the Daniel...

Cooley v. United States

The court affirms a lower court decision holding a landowners' takings claim against the U.S. Army Corps of Engineers (the Corps) ripe, but reverses the lower court's decision that the taking was permanent. The Corps' denial of the...

A.A. Profiles, Inc. v. Fort Lauderdale, City of

The court reverses a district court decision holding that although a Florida city's rezoning of property to prohibit the operation of a wood-chipping business constituted an unconstitutional taking, damages should not be awarded to the...

Santa Ana, Pueblo of v. United States

The court holds that the U.S. Army Corps of Engineers violated the Fifth Amendment by appropriating rock and gravel from tribal land near the Jemez Canyon Dam and Reservoir in New Mexico in connection with a dam reconstruction project....