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Fifth Amendment

Ministerio Roca Solida, Inc. v. United States

ELR Case

The U.S. Claims Court granted in part and denied in part the U.S. government's motion for summary judgment in a challenge against FWS for rerouting spring waters that had previously flowed through church property into a restoration...

Horne v. Department of Agriculture

ELR Case

The U.S. Supreme Court held that a USDA marketing order under the Agricultural Marketing Agreement Act of 1937 requiring raisin producers to participate in a raisin reserve program violates the Fifth Amendment's prohibition against...

H.R. 540, Bill Introduced

ELR Congressional Update

S. 255, Bill Introduced

ELR Congressional Update

H.R. 510, Bill Introduced

ELR Congressional Update

SWEPI, LP v. Mora County, New Mexico

ELR Case

A district court, in a 199-page opinion, struck down a local county ordinance banning oil-and-gas drilling, including hydraulic fracturing, within Mora County, New Mexico. Portions of the ordinance essentially provide that corporations...

Hearts Bluff Game Ranch, Inc. v. United States

ELR Case

The Federal Circuit affirmed a lower court decision dismissing a landowner's claim for just compensation under the Fifth Amendment for an alleged taking based on the U.S. Army Corps of Engineers' denial of the landowner's proposal to...

Cleaning Up the Rest of Agins: Bringing Coherence to Temporary Takings Jurisprudence and Jettisoning "Extraordinary Delay"

ELR Article

 


After decades of confusion, the fuzzy edges of regulatory takings doctrine have grown crisper. No longer a battleground for disputes over regulatory motivation, wisdom, and validity, the takings analysis now...