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Taking of private property

Formanek v. United States

The court holds that the Army Corps of Engineers' denial of landowners' Federal Water Pollution Control Act §404 permit application to develop property containing wetlands constitutes a Fifth Amendment taking entitling the landowners to...

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...

Gardner v. New Jersey Pinelands Comm'n

The court holds that zoning regulations of a state commission that limit the use of land in an environmentally sensitive area protected under federal law do not constitute an unconstitutional taking of private property. Congress...

United States v. Confederate Acres Sanitary Sewage & Drainage Sys.

The court holds that the district court did not abuse its discretion in refusing to strike from its opinion any implication that a private wastewater treatment plant may have actionable takings claims arising from the court's remedy in...

Beard v. South Carolina Coastal Council

The court holds that the permit administrator and South Carolina Coastal Council's denial of an application to build a new bulkhead on beachfront property in violation of the state Coastal Zone Management Act does not constitute an...