Jump to Navigation
Jump to Content

Taking of private property

Guggenheim v. Goleta, City of

The Ninth Circuit held that a city's mobile home rent control ordinance, which effects a transfer of nearly 90 percent of the property value from mobile home park owners to mobile home tenants, constitutes a facial regulatory taking...

Schooner Harbor Ventures, Inc. v. United States

The Federal Circuit reversed a lower court's dismissal of a property owner's claim for just compensation after the FWS required mitigation in connection with its sale of property to the U.S. Navy. A property owner sought to sell some of...

Palmyra Pac. Seafoods, LLC v. United States

The Federal Circuit affirmed a lower court decision dismissing commercial fishermen's takings claim against the U.S. Department of the Interior (DOI) for prohibiting commercial fishing on waters surrounding the Palmyra National Wildlife...

Rose Acre Farms, Inc. v. United States

The Federal Circuit reversed a lower court decision that U.S. Department of Agriculture regulations restricting a farm's egg sales during a two-year period due to the presence of salmonella bacteria constituted a taking for which just...

St. John's United Church of Christ v. Chicago, City of

The court upholds the denial of a church's motion for a preliminary restraining order to prevent the relocation of a cemetery in conjunction with plans to renovate Chicago's O'Hare International Airport. Eminent domain does not...

Banks v. United States

The Federal Claims Court denied the U.S. government's motion to dismiss property owners' takings claims against it in connection with a U.S. Army Corps of Engineer's project along the shore of Lake Michigan. The owners claimed that the...

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...

McNamara v. Rittman, City of

The court upheld a lower court decision dismissing residents' takings claim against a city for the dewatering of their water wells in the 1990s. Their takings claim based on past violations was barred by the statute of limitations...

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...

Northwest La. Fish & Game Preserve Comm'n v. United States

The court reverses the dismissal of the Louisiana Fish & Game Preserve Commission's takings claim against the United States in a case involving a conflict between the state commission's duty to maintain the Northwest Fish and Game...