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Taking of private property

Lost Tree Village Corp. v. United States

The Federal Circuit reversed and remanded a lower court decision dismissing a developer's Fifth Amendment takings claim against the U.S. Army Corps of Engineers for denying its application for a CWA §404 wetlands fill permit. The...

Arkansas Game & Fish Commission v. United States

The U.S. Supreme Court held that government-induced flooding that is temporary in duration may constitute a takings and is not automatically exempt from Takings Clause inspection. The case arose after the U.S. Army Corps of Engineers...

Edwards Aquifer Authority v. Day

The Texas Supreme Court held that landowners have an ownership interest in the water beneath their property that cannot be taken for public use without adequate compensation under the Texas Constitution. The Texas courts have long...

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...

Placer Mining Co. v. United States

The Federal Claims court denied a mining company's motion and the government's cross-motion for summary judgment in a...

Downing/Salt Pond Partners, L.P. v. Rhode Island

The First Circuit upheld the dismissal of a developer's federal takings claim against two state agencies for...

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...

Fideicomiso de la Tierra del Caño Martín Peña v. Fortuño

The First Circuit dismissed a land trust's claim that a statute revoking its title to lands in a canal area amounted to a taking and violated its due process rights. The statute amended Law 489, which among other things, created the...