News & Analysis as of September 18, 2024

Supreme Court of the United States › Horne v USDA

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Taking and Valuing Raisins

Womble Bond Dickinson on 9/1/2015

The United States Supreme Court ruled that the United States government cannot take a citizen’s raisins without paying for them. Horne v. Department of Agriculture, __ US__ (June 22, 2015). Standing alone, the ruling is...more

A Legal Morass: Overlapping Takings Law With the Endangered Species Act

Nossaman LLP on 8/25/2015

Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act...more

Expanding Your View of Takings Law

Nossaman LLP on 7/13/2015

As an eminent domain attorney, when I think about a “takings” claim, I always think about a claim involving someone’s real property. Has the government trespassed onto private property, has it imposed regulations that deny...more

Supreme Court Puts Its “Takings Law” Foot Down

Beveridge & Diamond PC on 6/30/2015

In Horne I, the Supreme Court held that a property owner, facing a governmental enforcement action, can assert as a defense that the action effects a “taking” of one’s property (here, a raisin crop) “without just...more

The California Raisins Strike Back

Manatt, Phelps & Phillips, LLP on 6/25/2015

Horne v. Department of Agriculture, No. 14-275 (U.S. June 22, 2015) - Why It Matters: In a pro-property rights opinion, the U.S. Supreme Court applies Fifth Amendment “takings” analysis to a federal program that...more

Supreme Court Decides Horne v. Department of Agriculture

Faegre Drinker Biddle & Reath LLP on 6/23/2015

On June 22, 2015, the Supreme Court decided Horne v. Department of Agriculture, No. 14-275, holding that the Fifth Amendment’s Takings Clause applies to personal property as well as real property, and a requirement that...more

California Raisins Ripening (Again) in the Supreme Court’s Sun

Beveridge & Diamond PC on 3/6/2015

Takings law is complicated enough but leave it to the frequently reversed U.S. Court of Appeals for the 9th Circuit to twist it out of shape so much as to dare the Supreme Court to reverse it not just once but twice in the...more

U.S. Supreme Court Agrees to Take a Second Look at Takings Case

Nossaman LLP on 2/19/2015

The burning question, is why? While this is not the first time the U.S. Supreme Court has ever granted a petition for review in the same case, it is certainly not common. And, it is downright uncommon for the Supreme Court...more

The Grapes of Wrath Part II - A Return to Horne

Nossaman LLP on 5/16/2014

In June of last year, the U.S. Supreme Court issued a unanimous opinion in Horne v. Department of Agriculture holding that California raisin handlers could assert a takings claim as an affirmative defense to an enforcement...more

First Raisins, Now Tomatoes? Another Federal Government Takings Challenge

Nossaman LLP on 8/12/2013

It appears the raisin handlers' luck in the recent U.S. Supreme Court decision Horne v. US Department of Agriculture has spawned a new federal takings challenge by another group of fruit growers. This time it's a group of...more

Supreme Court Hears Oral Argument in Horne v. USDA

Nossaman LLP on 3/28/2013

Over the past several months, we've been following some of the recent takings cases that have made their way up to the United States Supreme Court. So where do things currently stand?...more

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Supreme Court of the United States › Horne v USDA

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