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Inverse condemnation

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...

Serra Canyon Co. v. California Coastal Comm'n

A California appellate court upheld the dismissal of a landowner's inverse condemnation claim against California in which it sought to avoid the effect of an irrevocable offer to dedicate land for public use. The dedication was made by...

Ridge Line, Inc. v. United States

The court vacates and remands a trial court holding that increased stormwater drainage from the construction of a U.S. Postal Service facility in West Virginia did not constitute a taking of a neighboring mall owner's property. The...

Pascoag Reservoir & Dam, Ltd. Liab. Corp. v. Rhode Island

The court upholds the dismissal of a property owner's inverse condemnation action against the state of Rhode Island for acquiring a portion of his property in 1975 by adverse possession. Because the owner failed to seek compensation...

Regulatory Takings, Methodically

The regulatory takings jurisprudence of the U.S. Supreme Court has become an ungainly body, awkward for citizens and judges to apply and challenging as well, one might guess, for the Court itself, as it continues to reshape the law to...

Woodland Manor III Assocs., Ltd. Partnership v. McCleod

The court holds that a limited partnership does not have standing to maintain a cause of action under the Fifth Amendment of the U.S. Constitution for temporary inverse condemnation against a state environmental agency that required a...

Animas Valley Sand & Gravel, Inc. v. Board of County Comm'rs of the County of La Plata, Colo.

The court holds that a mine company cannot argue that a partial taking occurred when a county adopted a land use plan that designated a tract of the company's land as a river corridor where no mining could occur. The court first holds...

Del Monte Dunes, Good Faith, and Land Use Regulation

The U.S. Supreme Court's property rights jurisprudence always has had a Delphic quality. During this century, its seminal expressions have been Justice Holmes' enigmatic "too far" language in Pennsylvania Coal Co. v. Mahon...

Revving the Engines in Neutral: City of Monterey v. Del Monte Dunes at Monterey, Ltd.

Editors' Summary: The U.S. Supreme Court's recent decision in City of Monterey v. Del Monte Dunes at Monterey, Ltd., and its implications for takings challenges, are comprehensively discussed in this Article. The author...

SK Fin. SA v. LaPlata County

The court holds that federal and state inverse condemnation claims and a state-law vested rights claim made by the owner of numerous lots in a subdivision in La Plata County, Colorado, based on the county's denial of a land use permit,...