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Public use

Borough of Harvey Cedars v. Karan

The Supreme Court of New Jersey reversed and remanded a lower court decision awarding $375,000 in damages to beachfront property owners whose oceanfront view was obstructed by a dune built to serve as a barrier from powerful storms and...

Kelo v. New London, City of

The U.S. Supreme Court held that a city's proposed disposition of property owners' property, in a plan designed to revitalize the city's ailing economy, qualifies as a "public use" within the meaning of the Takings Clause of the Fifth...

Hash v. United States

The Fifth Circuit, in a class action suit, reversed in part, vacated in part, and remanded for further proceedings a lower court decision dismissing landowners' Fifth Amendment takings claims arising from the conversion of a railroad...

Milligan v. Red Oak, Iowa, City of

The court affirms the dismissal of a hog farmer's complaint that alleged a taking of property by an Iowa city in violation of the Public Use Clauses of the U.S. and Iowa Constitutions. The farmer intended to use land bordering an...

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...

Lucas v. South Carolina Coastal Council

On remand from the U.S. Supreme Court, the South Carolina Supreme Court directs the trial court to make specific findings of damages, commencing with the date of enactment of the 1988 state Beachfront Management Act through the date of...

Lucas v. South Carolina Coastal Council

The Court rules that a South Carolina beachfront regulation that prohibits construction seaward of a setback line cannot be sustained without paying just compensation for a developer's lost use of two vacant beachfront lots. The...

Hirtz v. Texas

The court holds that a state-imposed public easement over private beachfront property is not a compensable taking, and the risk that some property would be lost to the sea was assumed at purchase. After hurricane Alicia in 1983 and the...