In a unanimous opinion written by Justice Thomas, the Supreme Court held that California raisin handlers could assert a takings claim as an affirmative defense to an enforcement action filed by the United States. Horne v....more
6/13/2013
- Farms Fifth Amendment Jurisdiction Ripeness SCOTUS Takings
We've talked in the past about just how hard it is to state a regulatory takings claim under the Supreme Court's decision in Penn Central Transportation Co. v. New York City, 438 U.S. 104. I'd go through the test and how...more
4/26/2013
Following the 2005 Kelo decision, California enacted a number of modest eminent domain reforms. For eminent domain attorneys, the most significant changes arguably came in the procedures for obtaining prejudgment possession....more
4/4/2013
