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Taking of private property

Horne v. Department of Agriculture

The U.S. Supreme Court held that a USDA marketing order under the Agricultural Marketing Agreement Act of 1937 requiring raisin producers to participate in a raisin reserve program violates the Fifth Amendment's prohibition against...

Resource Investments, Inc. v. United States

The Federal Circuit upheld a lower court decision dismissing on jurisdictional grounds a landowner's Fifth Amendment takings claim against the government in connection with a CWA permit denial. The lower court held that the complaint...

St. Bernard Parish Government v. United States

The Federal Claims Court held that the U.S. Army Corps of Engineers' construction, expansions, operation, and failure to maintain the Mississippi River-Gulf Outlet (MR-GO) caused subsequent storm surge that was exacerbated by a "funnel...

Horne v. United States Department of Agriculture

The Ninth Circuit, following a reversal and remand from the U.S. Supreme Court, held that a USDA marketing order under the Agricultural Marketing Agreement Act of 1937 requiring raisin producers to participate in a raisin reserve...

Lost Tree Village Corp. v. United States

The Federal Claims Court awarded a Florida developer $4 million after finding that the U.S. Army Corps of Engineers' denial of the developer's §404 permit request to dredge and fill a five-acre plot of land effected a compensable taking...

Arkansas Game & Fish Commission v. United States

The Federal Circuit, on remand from the U.S. Supreme Court, held that the U.S. Army Corps of Engineers' temporary deviations from the water release rates...

Edwards Aquifer Authority v. Bragg

A Texas appellate court affirmed a lower court decision that commercial pecan growers suffered a regulatory taking when the Edwards Aquifer Authority—a water reclamation district—denied the growers' request for a water permit for one of...

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...

Koontz v. St. Johns River Water Management District

The U.S. Supreme Court held that a government's demand for property from a land use permit application must satisfy the "nexus" and "rough proportionality" requirements of Nollan v. California Coastal Comm'n, 483 U.S. 825,...

McGuire v. United States

The Federal Circuit affirmed a lower court decision dismissing an individual's regulatory takings claim against the Bureau of Indian Affairs (BIA) for refusing to replace a bridge he used to access portions of land he leased from the...