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Temporary takings

Banks v. United States

A Federal Claims court held that the Surface Transportation Board (STB) temporarily took landowners' property without just compensation for use as an interim trail under the National Trails System Act. The landowners' predecessors-in-...

St. Bernard Parish Government v. United States

The Court of Federal Claims held that residents and businesses in New Orleans' Ninth Ward and the neighboring St. Bernard Parish may file class-action lawsuits against the government for flood damage caused by Hurricane Katrina. A year...

St. Bernard Parish Government v. United States

The Federal Claims Court held that the U.S. Army Corps of Engineers' construction, expansions, operation, and failure to maintain the Mississippi River-Gulf Outlet (MR-GO) caused subsequent storm surge that was exacerbated by a "funnel...

Arkansas Game & Fish Commission v. United States

The Federal Circuit, on remand from the U.S. Supreme Court, held that the U.S. Army Corps of Engineers' temporary deviations from the water release rates...

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...

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...

Confusion About "Change in Value" and "Return on Equity" Approaches to the <i>Penn Central</i> Test in Temporary Takings

Editors' Summary: In this Article, William W. Wade evaluates the conceptual measurement of economic impact within the Penn Central test for income-producing properties recently adjudicated in the U.S. Court of Federal Claims and U.S....

The Fairest Picture the Whole Earth Affords?: Assessing the Effect of Tahoe-Sierra on the U.S. Supreme Court's Muddled Takings Jurisprudence

I. Introduction

 

In Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, the U.S. Supreme Court concluded that challenges under the U.S. Constitution's Fifth Amendment Takings Clause to...

Bass Enters. Prod. Co. v. United States

The Federal Circuit held that the BLM's delay in approving a company's application for permits to drill oil and gas wells did not constitute a temporary regulatory taking. The delay was not extraordinary since it allowed the government...

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency:Is There a There There?

On April 23, 2002, the U.S. Supreme Court released its decision in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency,1 ruling 6 to 3 that a temporary prohibition of the use of...