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U.S. Supreme Court Rules in Favor of Property Owner in Exaction Takings Case

The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more

Supreme Court Case Will Clarify Constitutionality of Permit Exaction Fees

Summary - The Supreme Court of the United States announced that it will hear a Takings Clause case under the Fifth Amendment that will clarify whether permit exaction fees authorized by legislation are exempt from the...more

US Supreme Court Confirms Redistricting Authority of State Courts

On June 27 in Moore v. Harper, a 6-3 majority of the United States Supreme Court upheld a state court’s power to invalidate a congressional district map that violates the state’s constitution. In an opinion written by Chief...more

Supreme Court Holds Property Owners Can Recover Surpluses From Tax Sales As Unconstitutional Takings

Summary - In Tyler v. Hennepin County, the U.S. Supreme Court unanimously held that a county’s retention of the excess value of a home in a tax sale violated the Takings Clause of the Fifth Amendment. The decision, which...more

Supreme Court Rules that Private Parties May Condemn State-Owned Property

On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction...more

Supreme Court Holds That Regulation Allowing Access to Farmers' Property Is a Per Se Physical Taking

A ruling from the U.S. Supreme Court this week may have altered the landscape of takings claims by expanding the scope of physical takings. Since the landmark case of Penn Central Transportation Co. v. New York City, 438 U.S....more

Supreme Court Agrees to Hear Pipeline Condemnation Case

On February 3, the U.S. Supreme Court granted certiorari in PennEast Pipeline Company, LLC v. New Jersey, a case that could determine whether private gas companies can condemn state-owned property. In this case, a unanimous...more

Courts Find That Governors Enjoy Broad Police Power to Limit Private Activities in a Pandemic

Across the country, state and local governments have responded to the coronavirus by limiting in various ways normal activities that were part of everyday life before the outbreak. A battery of lawsuits in state and federal...more

Supreme Court Chooses Middle Ground in Assessing Reverse Payment Settlements

The U.S. Supreme Court issued its much-anticipated opinion today in FTC v. Actavis, Inc., ruling that so-called “reverse payment” patent settlements between innovator and generic pharmaceutical manufacturers that are...more

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