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Taking of private property

Allegretti & Co. v. Imperial, County of

A court holds that a county did not effect a physical or regulatory taking when it imposed conditions on a landowner's permit to activate a well on its property. The conditional use permit limited the landowner from extracting no more...

Benson v. State

The court holds that a state statute concerning the shooting of small game from a public right-of-way does not constitute a compensable taking under the U.S. or South Dakota Constitutions. Lacking more than intermittent and temporary...

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...

Lingle v. Chevron U.S.A., Inc.

The Court held that the "substantially advances" formula, announced in Agins v. City of Tiburon, 447 U.S. 255, 10 ELR 20361 (1980), is not an appropriate test for determining whether a government...

United States v. 6.45 Acres of Land

The Third Circuit reversed a district court judgment awarding compensation to property owners pursuant to the government’s taking of 6.45 acres of land in the Gettysburg National Military Park. The court impermissibly failed to...

Moden v. United States

The Federal Circuit upheld the dismissal of landowners' inverse condemnation suit against the federal government alleging that their property was contaminated by trichloroethylene (TCE) as the result of government actions at a U.S. Air...

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...

Stearns Co., Ltd. v. United States

The Federal Circuit reversed a lower court decision that the Surface Mining Control and Reclamation Act (SMCRA) produced a physical taking of a company's mineral rights. In 1937, the company sold the surface rights of land in the Daniel...

Illinois Clean Energy Community Found. v. Filan

The Seventh Circuit held that the state of Illinois would be violating the U.S. Constitution if it confiscated any part of a clean energy foundation's assets. After the state legislature passed an authorizing statute, the foundation was...

Morris v. United States

The Federal Circuit affirms a lower court decision finding property owners' takings claim against the National Marine Fisheries Service unripe. The owners sought to harvest redwood trees on their property. After learning that the cost...